47 Mo. 17 | Mo. | 1870
delivered the opinion of the court.
It appears from the record in this cause that deposits were made with the defendant in 1867-8 in the name of the plaintiff, who was then a married woman. Of these deposits Mrs. Clark withdrew all but about $600 on her own checks, and her husband drew the balance. Since these transactions Mrs. Clark has been divorced from her husband, and this suit is brought to recover from the bank the amount paid him. It does not seem to be questioned that at common law the plaintiff’s husband was clothed with authority, in virtue of his marital rights, to collect debts owing to his wife, and to reduce to possession her choses in action, of whatever name or description. It is contended, however, that our statute has modified the common-law rule on this subject, and divested the husband of that power in a case like the present.
Again it is suggested that section 14 of chapter 115 of the General Statutes (Gen. Stat. 1865, p. 464, § 14) has some bearing on this investigation. That provision has reference alone to the real estate of the wife, and the rents, issues, and profits thereof, and exempts such real estate, rents, issues, and profits
Let the judgment be affirmed.