The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 2
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256 FEDERAL REPORTER
7. INFANTS 0=57(1)-NEW CONTRACT AFTER MATURITY.
While infants are not liable on contracts not for necessaries, yet if,
after coming of age, they execute new contracts in writing, they are
S. INFANTS W57(1)-CoNTRAC--cCQiltEBCENc.
An infant may be estopped by acquiescence after he comes of age to
disclaim liability under a contract executed during infancy not for
necessaries. (~ S , I
In Error to the District Court of the United States for the Western
District of Missouri; Arba S. Van Valkenburgh, Judge.
Atian by the Arkansas National Bank of Hot Springs against Mar-
garet F. Walker. Judgment for plaintiff, and defendant brings error.
Affirmed. C . .
This is an action on a promissory note for $3,800, executed by the defendant
at Hot Springs, Ark., on January 8, 1916, which sum she promised to pay 60
days after date, at the Arkansas National Bank, in Hot Springs, Ark. The
note was indorsed by F. P. Walker. Having failed to pay the note, this action
was instittited. .
The answer of the defendant pleaded: That, at the time she executed the
note sudd oh, and for several years before that time, she was a resident of the
state of Arkansas, and a married woman, the wife of Frank P. Walker. That,
long prior to the execution of the note, her said husband was indebted to the
plaintiff bank in the sum of $2,500, which indebtedness was originally incur-
red by him prior to the year 1915, and that, prior to that year, her husband
and the plaintiff prevailed upon her to sign her husband's promissory note
for the sum, as surety. That this practice of her signing as, surety continued
prior to and through, the, year 1915. That on or about November, 1915, she
again signed a promissory note for $3,800, which included the sum of $2,500,
and the sum of $1,000, borrowed on her own note, whic' last :,ote was to fall
due January 8, 1916; she being herself ignorant at all times of business af-
fairs. That of the $4,800, included in the note which she signed, she had bor-
rowed, prior to the year 1915, from the plaintiff, the sum of $1,300, which she
had offered to pay, although not legally bound to do so. That the note sued
on is, as to her,' wholly without consideration, except possibly as to the sid
sum of $1,300. That, so far as the' $2,500 is concerned, she only signed as
surety for het husband-all of which was well knoWn to the plaintiff. That
prior to the 19th'tlay of March, 1915, she being a'married woman, she was not
liable under the laws of the state of Arkansas for any debts not made for
the benefit of her own separate estate and her sole and separate use and
benefit, and no contract or promise of a married woman could bind her,. except
such 'as she made .in and about her sole and separate estate. That no part of
the $2,500 was fot the benefit of her separate estate, and that she received no
benefit whatever from it. That the $1,300, which, she did receive was not for
her' personal estate, but for personal expenses, which should have been pro-
vided for by her husbarf, and that under the laws of the state of Arkansas,
in force at that time, she was not liable fpr that sum. She therefore prays
judge p4t to,, go, hence without day.
the plaintm tId a motion for judgment on thd pleadings, which was by
the crt sustn. and judgment entered against the,defendant for the face
of the' note, and interest.
To reverse this judgment this writ of error is pr6~ecuted.
Cyru& Crane, of' Kansas 'City,'M o. (Lathryp, M trow, Fox & Moore,
of Kansas City, Mo', on the brief), for. plahinfff ip error.
Hale H. Cook, of Kansas City,,Mo.. l(Roy, . Dietrich and Ellis, Cook
& Dietrich, all of Kansas City,.Mo, on the brief)pfor defendant in er-
4:For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/16/: accessed October 17, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.