The only question presented in this case is, as to the liability of Eliza M. Mason upon the note in suit. The
We have not felt called upon to consider whether a note of a married woman, which in the hands of the original payee is invalid for want of consideration, can under any circumstances be enforced against her in a suit by an indorsee for value who takes it in the usual course of business before maturity. This question was not raised at the argument, and the agreed facts do not state when or under what circumstances the note in suit was indorsed to the plaintiff.
As the statement of facts does not contain all the facts necessary to determine the rights of the parties, it must be discharged and the Case stand for trial.