176 Ky. 113 | Ky. Ct. App. | 1917
Opinion op the Court by
Reversing.
In September, 1913, R. S. Barbee & Co., then engage'd in the general mercantile business in Williamson, W. Va., sold their business to Bevins, Hopkins & Co., a firm composed of J. B. Bevins, Harrison Bevins and Ester Hopkins, each of whom signed as principals notes given to Barbee & Co. in part payment for the mercantile business. Before delivery of the notes each of them was endorsed by Ella Bevins, wife of J. B. Bevins, and Minnie Hopkins, wife of Ester Hopkins, at their homes in Pike county, Kentucky, and turned over to J. B. Bevins, who carried them across the state line to Williamson, W. Va., and delivered them to Barbee & Co.
The notes were payable at the National Bank of Commerce, Williamson, W. Va. One of these notes, for $1,-850.00, was discounted by Barbee & Co. before due to the National Bank of Commerce of Williamson, W. Va. The other note, for $1,568.29, was retained by Barbee & Op..
Under either of these statements of the rule this con-. tract should be enforced here because the difference in the laws of the two states affects merely the extent of the ability of the parties to contract and does not affect in any way the subject matter of the contract. In other words, the difference in the laws of the two states affects only the question of expediency as to what extent the parties may contract and does not affect any quality of the contract itself, which is not- in any sense inherently wrong or vicious or immoral. However, we do not need to look to any general rule in this particular case, as it has been decided in this state in at least two cases that it is not against the public policy to enforce here a contract made and to be performed in another state by a married woman, and valid under the laws of that state, even though the contract would not be valid if made here. In Young v. Bullen, 43 S. W. 687, Mrs. Young executed an obligation to Bullen in Missouri. At the time she executed the obligation -in Missouri, same was not binding on her by the law of Kentucky, but was binding on her by the law of Missouri. She had property in Kentucky, and after she had moved to Pennsylvania, suit was brought against her here, the proceeding being as against a non-resident. Parties charged with the care of her property made defense, claiming that the courts of Kentucky ought not enforce the laws of Missouri in regard to a married woman’s contract where the married woman would not have had the right to make such a contract in Kentucky. The court reviewed the authorities of- this and other states and held that the courts of Kentucky would enforce the contracts of married women valid where made, although such contract would not be valid if made in Kentucky. To the same effect is Gibson v. Sublett, 82 Ky. 596.
Prom the authorities cited above, it will be seen that it is not against the public policy of this state to enforce the contract of a married woman, valid where made, if otherwise unoffensive, even though it would be invalid if made here. It, therefore, results that the chancellor erred in dismissing appellants’ petition against Mrs. Bevins.
"Wherefore, the judgment in each case is reversed, with direction to enter judgment conforming herewith.