Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 68

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 68

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ... within the principle of the exceptions to the general rule. The statute of 1872, ch. 270, provides that the wife may be sued jointly with her husband, and may employ counsel and defend such action separately, or jointly with her husband. But it does not declare that, in order to bind the husband, the judgment shall be rendered jointly against husband and wife. To give full force and effect to the.provision of the statute which accords to the wife the right to defend separately, it would seem to be necessary that the liability of the wife and the husband should be separated, in the rendition of the judgment, where a good separate defence is made by the wife, notwithstanding the joint action and the joint terms of the contract. Suppose, for instance, the separate defence of the wife was fraud or duress in the execution of the contract. In such case, while the wife would be entitled to be discharged, upon proof of the defence, there could be no 'reason, upon that ground alone, for exonerating the husband. The exceptions to the general rule we have stated would seem to be well established by authority, and where such exceptions apply, as where, in an action ex contractu against several, one or more of the defendants, by way of defence, plead or otherwise rely upon bankruptcy, infancy or coverture, the judgment may be had against some of the defendants, and in discharge of others. In such cases, the matter pleaded is purely personal to the defendant relying upon the defence, which admits the making of the contract as laid, but which shows either that the contract was not binding, by reason of some incapacity in the party making it, or that it has been discharged by a certificate of bankruptcy, or other matter subsequent. Noke vs. Ingham, more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236856902
  • 9781236856906