Same - Assignment Of Contractual Obligation By Marriage

200. At common law, upon a woman's marriage the right to reduce her choses in action into possession is transferred to her husband, and he becomes liable jointly with her. during coverture, upon her antenuptial contracts. These rules are changed by statute in most jurisdictions.

At common law, a married woman is disabled from acquiring the benefits of her antenuptial contract, because she cannot sue upon it apart from her husband, and she may lose them altogether, for they are vested conditionally in the husband, who may take them to himself by reduction into possession of the chose in action. He may also sue jointly with his wife for what is due on her contracts. Whatever is thus obtained passes absolutely to him.' If the husband does not thus reduce his wife's choses in action into his possession, they survive to her if he dies first, or pass to her representatives if she dies in his lifetime.

N. Y. 141; Blount v. Harvey, 51 N. C. 186; Hartung v. Witte, 59 Wis. 285, 18 N. W. 175. See "Covenants;' Dec. Dig. (Key-No.) § 10; Cent. Dig. §§ 70, 11.

8 Tulk v. Moxhay, 2 Phil. 774. And see Trustees of Columbia College v. Thacher, 87 N. Y. 312, 41 Am. Rep. 365; Same v. Lynch, 70 N. Y. 440, 26 Am. Rep. 615; Haskell v. Wright, 23 N. J. Eq. 389; Stines v. Dorman, 25 Ohio St. 580; Thurston v. Minke, 32 Md. 487; De Gray v. Clubhouse Co., 50 N. J. Eq. 458, 24 Atl. 388; Clark v. Martin, 49 Pa. 289. Covenant by grantor of lots, "his heirs and assigns," not to build improvement on lots retained inferior to specified qualifications, binds his subsequent grantees with notice. Halle v. Newbold, 69 Md. 265, 14 Atl. 662. It has even been held that a covenant by a vendee of land not to sell sand therefrom, the intention being to prevent competition with the vendor, is enforceable against the covenantor's grantee buying with notice. Hodge v. Sloan, 107 N. Y. 244, 17 N. E. 335, 1 Am. St. Rep. 816. Agreement for exclusive transportation of products of land by railroad to be extended or built over it will be so enforced. Kettle River R. Co. v. Railway Co., 41 Minn. 461, 43 N. W. 469, 6 L. R. A. 111. See "Covenants," Dec. Dig. (Key-No.) § 69; Cent. Dig. §§ 67-69.

At common law, the husband acquires the liabilities of the wife to the extent that he may be sued jointly with her on any contracts made by her before marriage.9