Page:Federal Reporter, 1st Series, Volume 9.djvu/768

 kaboh V. olabk. 763 �Mabch, Fbioe & Co. V. Glabk.* �{Oireuit Court, 8. D. Georgia, W. D. January 17, 1882.) �1 KbootubIiB IirsTBincENTa — Mabbibd Wombk — iNNocstrr Furchasbb. �A negotiable instrument exeouted by a married woman in astate, the statuts of which provides that any contract by the wife to pay the debts of her husband is void, is subject to the defence that the consideration thereof was the pay- ment of her husband'a debt, although transferred to an innocent purchasei betore maturity, and although the instrument itself recites that it wasgiven for advances to her. �March, Priee & Co. sued Mrs. E. A. Clark on the following paper : �*548. Albany, Ga., May 7, 1880. �On flfteenth October next, pay to myself, or order, flve hundred and forty- sight dollars, for cash furnished me to make my crops; this to be an advance iinder my mortgage to you of the twenty-third day of January, 1880. Homo, stead and other exemptions and protest waived. �[Signed] E. A. Clark. �To Welch di Bacon, Facton, Warehotue and Commission MerehanU, Albany, Georgia, �The draft waa indorsed by said E. A. Gark, and accepted by Welch \ Bacon, who assigned the same to the plaintiSs, before maturity. �The defendant pleaded that the draft was given by defendant "to pay a draft drawn by E. M. Clark, who is the husband of defendant, and having been thus given, and not for any debt of her own, she is • not liable under the law to pay the same or any part thereof." �When the defendant offered evidence in support of the foregoing plea, counsel for plaintiffs objected, on the ground that the draft had been transferred to plaintiffs, before maturity, for value, and that sueh defence, however good against Welch & Bacon, could not avaii against honafide holders. This was the main question of law in the case, and the ruling of the court thereon is stated below. The evi- dence was conflicting as to whetljer the consideration of the draft was goods furnished by Welch & Bacon for the benefit of the husband of defendant or herself; and this question the court submitted to the jury as a question of fact. �Erskine, d. J. The defendant, Mrs. E. A. Clark, appears on the paper sued upon as drawer and indorser. Welch & Bacon are pri- marily liable ; she is only seoondarily liable. It is a eonceded fact in the case that the defendant is a married woman. �*Reported by W- B. Hill, £sq., of the Macou bu. v.9,no.l3— 48 ��� �