46 Neb. 917 | Neb. | 1896
J. E. Spatz and L. E. Spatz, his wife, gave to J. P. Adams their promissory note for $254. This note was indorsed by Adams to Martin, and the makers and indorser were sued by Martin. A judgment by him was recovered. Mrs. Spatz brings the judgment here for review
It is settled that a married woman may in .this state obligate herself as surety for her husband’s debt. (Stevenson v. Craig, 12 Neb., 464; Buffalo County Nat. Bank v. Sharpe, 40 Neb., 123; Smith v. Spaulding, 40 Neb., 339; Briggs v. First Nat. Bank, 41 Neb., 17; Watts v. Gantt, 42 Neb., 869.) The effect ,of other decisions is that under our married woman’s act a married woman is liable upon her contracts when made with reference to and upon the faith and credit of her separate property. (Davis v. First Nat. Bank of Cheyenne, 5 Neb., 242; Barnum v. Young, 10 Neb., 309.) In some cases this rule is stated in the alternative, to-wit, that she is bound upon contracts made with reference to her separate estate or upon'the faith or credit thereof. (State Savings Bank of St. Joseph, Mo., v. Scott, 10 Neb., 83; Eckman v. Scott, 34 Neb., 817.) In such cases it has been held that she is liable upon her general obligations, not in their nature connected with her separate estate, when she intended to bind it for their performance. It is not necessary in this case to consider the distinction suggested by the use of the conjunctive term in some cases and the disjunctive in others, because, as already stated, no complaint is made of the instruction, and we need only consider the ■sufficiency of the evidence, in connection with the instruction and the general statements of the law afforded by the •cases cited.
The evidence tends to show that J. E. Spatz was a physician who had performed professional services for the wife ■of Adams. He had been charged with negligence in his
Judgment affirmed.