Johnston v. Gawtry
Johnston v. Gawtry
Opinion of the Court
This suit was instituted in the circuit court of the city of St. Louis for the purpose of charging the separate real estate of defendant, Anne E. G-awtry, a married woman, with the payment of a note indorsed by her for $10,079.69. On the trial a judgment and decree was rendered for plaintiff in conformity with the prayer of the petition, which on appeal to the St. Louis court of appeals was affirmed, from which judgment of affirmance defendants have appealed to this court. The opinion of the court of appeals is reported in 11 Mo. App. 322, and it is there held that the state in which a note is made payable, and in which it is delivered in consummation of a bargain, is the place of the contract, though the note is executed in another state; that in an equity proceeding in the courts of this state, where nothing to the contrary appears, it will be presumed that
Reference
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- Status
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- Syllabus
- 1. Promissory Note: place of contract. The state in which a note is made payable and in which it is delivered in consummation of a bargain, is the place of the contract, although the note was executed in another state. 2. Law of Sister State: presumption. In an equity proceeding in the courts of this state it will be presumed, in the absence of evidence to the contrary, that the equity doctrine of a sister state which has an equity system of jurisprudence, is the same as that of the forum. 8. Married'Women: separate estate: foreign contract: lex fori. A married woman in this state is deemed a feme sole for the purpose of charging her separate estate with the payment of a debt, .and in an action to enforce her foreign contract against her separate estate in this state the law of the forum governs as to her power to make the contract and as to its validity.