First State Bank of Tomball v. Tinkham

Counsel

Thomas H. Ball, for plaintiff in error. — The note sued upon, having been jointly executed by George P. Tinkham and his wife, Mrs. Laura Tinkham, on November 10, 1913, after the statutes of Texas had authorized the joint making of a note by husband and wife, so as to bind the wife upon such an undertaking, and in support of judgment thereon against both husband and wife, it was error for the trial court to deny recovery thereon against the wife, and the Court of Civil Appeals likewise erred, in affirming the judgment so rendered by the trial court. Vernon's Sayles' Statutes, art. 4624; Speer's Marital Rights, par. 148, p. 197; Colonial U.S. Mort. Co. v. Stevens, 55 N.W. 578 ; Washburn v. Gray, 97 N.E. 190 . Fisher, Campbell Ammerman, for defendant in error Laura J. Tinkham. — A married woman can not, by the execution of a plain promissory note with her husband, bind her separate estate, where the funds were not to be used for the benefit of her separate estate, or for necessaries, even since the enactment of the so-called "Married Woman's Act" of 1913. Red River Nat. Bank v. Ferguson, 192 S.W. 1088 ; Akin v. First Nat. Bank, 194 S.W. 610 ; First State Bank of Tomball v. Tinkham, 195 S.W. 880 .