Enochs v. Newton

Mississippi Supreme Court October 15, 1887

Enochs v. Newton, 65 Miss. 86 (Miss. 1887)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the Court.

The complainant was entitled to enforce the notes of Moore, *89which he held, to the amount of the note of Enochs and wife to secure which they were pledged to Mm. If the note of Enochs and wife was not obligatory on her, for want of consideration, it was certainly the debt of her husband; and as she pledged the notes of Moore payable to her as security for that debt, she cannot withdraw that pledge otherwise than as her husband could. Jones on Pledges, §354.

Mrs. Enochs joined her husband in giving the note and pledged the notes of Moore to secure that note, evidencing the debt of her husband ; and until it is paid she cannot withdraw the pledge.

The chancellor erred in rendering a decree for less than the appellee was entitled to; but he alone could complain of that error, and he has not done so.

Affirmed.

Reference

Full Case Name: J. Harriet Enochs v. George A. Newton
Status: Published
Syllabus: Collateral Security. Pledge by wife for debt of husband. Want of con- ■ sideration. When a man and wife execute their joint note in satisfaction of a debt of the husband, barred by limitation, and the wife pledges a note payable to her as security therefor, she cannot withdraw the pledge otherwise than as her-husband could, and the pledgee may enforce the note so pledged to the amount of the joint note, even though the joint note be not obligatory on the-wife, for want of consideration.