A Treatise On the Law of Contracts, And Upon the Defences to Actions Thereon;

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ment. (n) Liability of the husband on contracts of his wife duin sola* 2. The liability of the husband upon a contract entered into by his wife before coverture, is also conditional. For, al- though by the common law he is, during the marriage, liable jointly with her, (o) upon all her contracts made dum sola, how improvident soever they may have been, and although he may have received no fortune with her ; yet he cannot be sued alone, even upon his subsequent express promise to perform such a
...contract, unless his promise be founded on some new consideration, (jf) And upon her death his personal liability, that is, his liability in the character of husband, is at an end ; (c[) ( Va.) 340 ; Matheney v. Guess, 2 Hill Ch.
63 ; Poor v. Hazleton, 15 N. H. 564.] («) Milner v. Milnes, 3 T. R. 627, 631 ; Bendix „. Wakeman, 12 M. & W. 97 ; Dalton v. Midland Counties Railway Company, 13 C. B. 474. [See Parker u.
Way, 15 N. H. 51; Lyman v. Ellery, 7 Vt. 508 ; Haines v. Corliss, 13 Mass. 659; Bates v.


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