Sec. 919. Statutes Conferring Limited Capacity
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This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Sec. 919. Statutes Conferring Limited Capacity
(3) The remaining statutes which confer partial capacity may be grouped under this head. By the express provisions of some a woman who is deserted by her husband may contract as if she were unmarried,1 at least to the extent of binding herself for such necessaries as medical attendance.2 Under other statutes, the court under certain circumstances may by decree confer upon a married woman the power of acting as a feme sole. Under some of these statutes, desertion or its equivalent is necessary for such decree ;3 as where the wife is living apart from her husband and supports herself.4 But the mere insolvency of husband is not ground for a decree authorizing the wife to act as a sole trader; nor is evidence that her father-in-law will assist her evidence of a separate estate.5 As the decree is notice of her status to the world, a defect in the application of such nature that the court obtains no jurisdiction to make such decree is also notice to the world that the decree is in law a nullity.6
16 First, etc., Bank v. Moss, 52 La. Ann. 1524; 28 So. 133. So Kerr v. Urie, 86 Md. 72; 63 Am. St. Rep. 493; 37 Atl. 789.
17 Wells v. Gilpin, 19 Colo. 305; 35 Pac. 545.
18 Wolcott v. Patterson, 100 Mich. 227; 43 Am. St. Rep. 456; 24 L. R. A. 629; 58 N. W. 1006.
19 Thresher v. Barry, 69 Conn. 470; 37 Atl. 1064.
20 Goodman v. Shipley, 105 Mich. 439; 63 N. W. 412; following Meads v. Martin, 84 Mich. 306; 47 N. W. 583; Hirshfield v. Waldron, 83 Mich. 116; 47 N. W. 239.
21 Bonebrake v. Tauer, 67 Kan. 827; 72 Pac. 521.
22 Spott's Estate, 156 Pa. St. 281;
27 Atl. 132; Darwin v. Moore, 58 S. C. 164; 36 S. E. 539 (note given in 1890).
23 In re Ann (1894), 1 Ch. 549; Williamson v. Cline, 40 W. Va. 194; 20 S. E. 917.
1 Arthur v. Broadnax, 3 Ala. 557; 37 Am. Dec. 707; Love v. Moyne-han, 16 111.277; 63 Am. Dec. 306; Carstens v. Hanselman, 61 Mich. 426; 1 Am. St. Rep. 606; 28 N. W. 159; Wright v. Hays, 10 Tex. 130; 60 Am. Dec. 200; Golden v. Galveston, 20 Tex. Civ. App. 584; 50 S. W. 416.
2 Carstens v. Hanselman, 61 Mich. 426; 1 Am. St. Rep. 606; 28 N. W. 159.
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