, 1873-01-29

Wives May Become Partners Of Their
Husbands and Others.
An Interesting Opinion Delivered by Judge
BIodgett.

An Interesting Opinion Delivered by Judge
BIodget.
To readers who systematically skip reading
legal intelligence, tie following opinion OF Judge
Blodgett may well appear worthy Of thought.
Whatever those who keep posted in the Inter
somersaults Of the law may know, the great
mass Of tho people are in ignorance Of the fact
that wife may enter into partnership with her
husband, and car1y On buainess for her Own
separate interest with him; and that not only is
such the case, but she mry enter upon this Same
relation with any other woman's husband. Mrs.
Jones, for instance, whose husband is = contrac
tor, and follows business that she does not
favor, enters into partnership on her own nc =
count with Mr. Smith, the fascinating restau-
ra.teur, whilst Mrs. Williams, vino lives over
the way from the deserted jones' whose husband
is d ivery-keeper,- - trade she deteats,-
poetry and dollarB in the laying Of bricks. and
forthwith enters into partnership with Jonoa.
As Mr.. Jones Office is in Mrs. Jones' house, Of
courso Mrs. Williams becomes the occupant Of
the place once sacred to Mrs. Jones. As Mr.
Smith lives in the restaurant, and his home is
his workshop, HRS. Jones divides with Mrs. Smith
what Mrs. Smiths husband possesses; whilst
Mira. Smith herself is probably the partner Of the
dry goods man, on the fashionable street, and is
never seen at home except at sleeping times.
Little as the uninitiated could have suspected
such state Of things to exist, Judge Blodgett
was himself not clear On tho point, until the
Kinkead bankruptcy csso necesstated his hunt
ing up the authorities, when he delivered the
following opinion
H'e aonGf 9t45eq ;ne aacte 1els oons. t.
;ne Of of;e RnSead site and bis wfe Carried On
business as co-paEtners at Pontiac. Llv1ngatono
County, Illinois; that J. V. Farvell d Co.
Dct;t;c1ad for t1,air h.nkrnntcv IN the 9Th
Naaar,her - 1a71 .nd that T + Einkead and
geeeug0A 1ns =. ~ o1 4ara doci,-ad h,nL
,e,,,ta rnn J., Fo,,rn,r 1870 The1a we're
debts amounting TO aoont So,VVo, Joe
goods purchased, aud assets not exceeding
$4,000. After the appointment Of an Assignee,
Sii}es Srnnser. Of Fentuckv. proved up Claim
3 .:. =. - - I!tI - 80 .yfe-o sca-I;-s5 For
sfe nn too ~ JaTn.r3a1 1,s d;r;da,aa hsraon IN
common with the other creoltoFs, VINO 1eslsteo,
Munser taking tho ground that the wife not
being able to enter into d contract Of partner
a},in with her husband the assets belonging
no7afv toT n Eintead and he heipo the sofn
tradsyr u H., ~ r. +b;s Tn,nt ~ h.re a.ged enace
traoer. up ~ ans po w. tar,st;n| fsrts
by summarizing tne nost intelostlne 1acts
from this point ne give the remarks OF the
The question thus raised is important As touching
the Movers If married women to make CONTRACTS md
the f;nT;sd;et;on Of Court Of BanIrupcy therein.
The1c is m ouht Of tfe .onudnesa Of the proposi-
ton OF claimants attorneys that, at common Law, \
Married woman cannot as general RUE, enter into
although by special custom Of the City Of London
married women could engage in trado sud be subject
when so employed to al The liabilities Of femme sole
scon of the courts Of equity and by les.stion Tie
1 md SsSss, hold h ss, can On On
fss s1 a1s s e II II n ns @
ths Infringement, improvement, or evan purchase Of
a The sss ., s,s ns to
adopsd By the Legislature of this State oi 1851 f
oe1sooa By her IT the e Of her
marriage or which she acquires during covarture
from aRy person other than her husband; r the e
Legai Mrs, Isl, decided that . married woman
ca2 be sued 1T iaw on contract made IN relation to
ler 5epsrate property. by the act Of the Legislature
Of this stste passed 1869 married woman il Invested
win The fu control ., her own r tho Fsh. ASt
legislation and the Interpretation thereof by ths Courts
lis wrought most substantial change in The rights Of
s~ ii estate tat Ind the
CONTROL Of her real estate during coycrture passed On
her marriage to her husband: she could
tracts made even while unmarried could not be
enforced At law and only in tow exceptional CASES IN
equity. NOW the wife retatns tie control Of all the
property she had at her marriage, or which she
quras after marriage from any person other than her
husbsnd, and may make contracts in regard to tho
same dt1rtne her coyerture, which Gnu bo enforced
either by Law In equity to tho same extent as ahe
Mas ~ a. ohaod nd hs ,1one eond se for and
her earnings and can bring suit In her OWL name
TO collect them sne may superlatenu ICE sepaIase
properly, MaAe soa,o ti.aa ~ auch
ncc1,.ttan =. "a most eoncen,.1 In her