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Decisions of the Superior Courts of New South Wales, 1788-1899

Hearson v Brown [1832] NSWSupC 70

promissory note - assumpsit - married women's legal disabilities

Supreme Court of New South Wales

Dowling J., 27 September 1832

Source: Sydney Herald, 1 October 1832

 

Hearson v. Brown. - This was an action of assumpsit to recover the sum of £80, the amount of a promissory note, of the 8th August, 1828, payable three months after date, to Mrs. E. Fowler or order, and by her endorsed to the present plaintiff.

It appeared from the evidence adduced, that the note had been endorsed by Mrs. Fowler without the consent of her husband.  Verdict for defendant.

Mr. S. Stephen for plaintiff; Mr. Keith for defendant.

 

Source: Dowling, Proceedings of the Supreme Court, vol. 75, Archives Office of New South Wales, 2/3258

[p. 156]

Precis

Assumpsit on a promissory note for 80£. dated 8th Augt 1828 payable 3 mos after date, to Mrs. Elizabeth Fowler or order, & by her indorsed to plf.

The note was made payable to a married woman, whose husband both at the time the note was made & at the time of trial was living, but separate & apart from his wife, without lawful divorce.  The note was indorsed to plf long after it was due, & there was no proof of consideration.  Fowler the husband proved that he never consented to his wife indorsing the note to the Plf.

It was of opinion under the circumstances that the note was a nullity being in favour a married woman, whose husband was living, & no authority from him to indorse it to Plf, who took it witht cons or proved long after it was due.

Deft.

Published by the Division of Law, Macquarie University