Reports of the Cases Decided in the Appellate Court of Indiana Volume 26

Reports of the Cases Decided in the Appellate Court of Indiana Volume 26

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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. 1901 edition. Excerpt: ...Redden v. Baker, 86 Ind. 191; Musselman v. Cravens, 47 Ind. 1. Strictly speaking "void" has not been rendered "voidable," but the words "whose unsoundness of mind has been judicially determined" have been read into this statute. Until the unsoundness has been judicially determined, the contract is voidable, but after such determination the contract is an absolute nullity. "A married woman shall not enter into any contract of suretyship, whether as indorser, guarantor, or in any other manner; and such contract, as to her, shall be void." 6964 Burns 1894. It will be noticed "that such contract as to her shall be void." Accordingly it has always been held that her coverture is a personal defense, and that such a contract can only be avoided by her and her privies in blood or representation. Lackey v. Borufi', 152 Ind. 371, and cases there cited; Bennett v. Mattingly, 110 Ind. 197, 202. It is manifest that the only purpose of the above statute is to protect persons presumably unable to protect themselves; that is, to protect the party who made the contract. They were not enacted to subserve any public policy. As is said in Maxwell, Int. of Stats. (2nd ed.) 256: "In general, however, it would seem that where the enactment has relation only to the benefit of particular persons, the word 'void' would be understood as 'voidable' only, at the election of the persons for whose protection the enactment was made, and who are capable of protecting themselves; but that when it relates to persons not capable of protecting themselves, or when it has some object of public policy in view which requires the strict construction, the word receives its more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • United States
  • English
  • black & white illustrations
  • 1236764447
  • 9781236764447