, 1873-07-24
Can Married Women Enter Into Part
nership with Their Husband,
and Others?
Proceedings Before Jndgo Drummontl to
Set Aside Judge Dlodgott's
Famous Decision.
The Caso of the Bnnlxrl1pts j. d.
Kinl1chl and kill
konl s. Co.
Query: Vas nrs. Knkead q rartaer3 And Can
Creditors Of llor Husband Claim
Against The Estate Of tho
Partnership.

The celebrated Kinkoad bankruptcy caHo, in
which Judge Dodgett etl1ncatol tho doctrine
tint woman can enter into partnership with
any man, other including or excluding her hus-
band which oroatod not little oxcitomont at
the time, cams up, yesterday, in review, before
Judge Drnmmond, in tho United 6tateB Circuit
Court in thematter of tho claim OF Miles Mansor.
h1r. u. 8. Hounaholl of Jouoa, Hounsholl &
Lowis, Newport, Ky, appeared aa counsel for
tho petitioner In roviow: md Mr. Tonnoy, Of
Tonnoys, F1owor l. Abercrombie, rs counsel for
tho Assignee OF the bankrupts.
Tho facta in tho case have already becn pub
lishod In TIE TRIBUNE, aud mood now only ba
recapitulated briefly: ]. Y. Farwoll Il Co.,
OF this city, on tho 7th Of December, 1871,
potltioncd for tho bankruptcy Of Joseph D.
Kinkead, md A. L. Kinkoad, his wifo, tloiug bust
ness together as Kinkead l. Co., as Pontiac,
Livingston, in this district, and :,upon trial,
10th February, 1879, said firm Of Kinkead l. Co.,
and J. D. Kinkead, wore found guilty Of tho
acts Of bankruptcy charged, and adjudication
WAS entered. "Ae 1t appeared. from the papors
that A. Z. Kinkoad WAS feme covert" no
specific adjudication was enterod against her.
Miles Manser, of Kontucky, petitioner in rovicw,
found debts against said ]. D. Kinkoad amount
ing to over $1,000, and demanded to DO paid q
dvi dond out Of the co-partnership asaots. Tho
co-partnership creditors objected. Tho claims
againat J. D. Kinkcad wero contracted long be-
foro tho partnership of J. D. Kinkead and hia
wife, and the question aroHo whether tho
partnership assets wore liable for such
Ssms asa ooatsod A. tho onsaEE h'95ing' it
Mr. ManHer that AIra. Kinkon0, being married
woman, could not enter into q partnership with
har husband, that the pretended partnership was
void, and tho business belonged to J. D. Kinkoad
,aB the sole 1ogal trader, by reason OF her inability
as . 1narriol woman to make a binding contract,
md that tho assets OF the so-cAlted partnership
justly bnid, III reviewing this case, that tho
questions raised woro important as touching the
powers Of all mnrred women to make binding
contracts, and the Jurisdiction; Of Court Of
Bankruptcy IN tho promises. Tho Court royioW-
cd tue laws, showing that by rigid rIlo Of COM
mon Inv a woman nennnt ontoT into nartrorsl,in
", ~ t H. .a.,os 49, Iii ~ tss
Browa B ~ w .nns "onan aiay molo noe III,
1oct TO tue payments OF debtH oontractod
In or about the management. improvement,
fs En- Sa
,,tca. md tEn fl1;nna Torisiatnro in 1si1 @avc
fa control Ito to married Woen of si rea1 and
hor marriage, or which she nlay require aftcr.
"a NA-A 1seNFA*~3 ~oN1~+S*
married woman can bo suod at law On q con-
tract naado in relation to her separate property
and In 1869. the Legislature declared that q mar
ricj ,yomnn ia investnd with tho mi cnntToI n.
IN. , -: - n,J ,;tt ~ ,t ~ .,
not a IVY oai - ann ntsu tno ibus ~ nu9 ~
and coHeot thn came p her own name' ~ Of
which confirmed tie Court III the view that Mrs
Knkead was hor A1tsbnnd'a legal tcndlng part'
ner that Mr.. Kinkeaf1 ,7aB not Kinkoad Il Co"
that III. Kinkeads estnto was not Knl,oad Il,
~ ;o oatato n,,t1 thot II ,voa TabIo for ~ T;n
koas o1I dabts ''N 'n'' ~ "'' t40' W. AA1'
Ao1u ~ hriu[,is,, +o ot+or ,,to +,,o crcr+ on+
tue object m Of Mr.: Manser vas to got aside thia
tie afternoon.
PER CONTRA.
~. 49, i,a aso tas e. ofR.ng ~ .no auos-
s,oa " te 1ntaeo,clo VI she o4tou' ooors' pfo'
Let ua ask tho attention Of tho Court while e exam
Inc tho opinion OF tho Court below. Tia learned
Judge says: "Sho may own tho whoie Of stock OF
mcrchandiso or the maohuery and furnishings Of d
mauufactory and hayo the eniIfo profit and be ablo
for lie losses and II ahe may own the whole there is
certainly no obstacls to her owning tho Lalf or any