Milliken v. Pratt

125 Mass. 374 (1878)

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Nature of the Case

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Facts

Ps are partners doing business in Portland, Maine. D is the wife of Daniel Pratt. The Pratts have always resided in Massachusetts. Daniel, who was then doing business in Massachusetts, applied to Ps at Portland for credit. As a condition, they required him to get a guaranty from D to the amount of five hundred dollars. D supplied the guarantee as requested. The guarantee was executed by D at her home in Massachusetts, and there delivered by her to her husband, who sent it by mail to Ps in Portland. Ps sold and delivered goods to Daniel until October 7, 1871. This action was brought for goods sold from September 1, 1871, to October 7, 1871, inclusive, amounting to $860.12, upon which he paid $300, leaving a balance due of $560.12. All the goods had been delivered from Maine to Massachusetts. By statute since 1866 in Maine, the contracts of any married woman, made for any lawful purpose, were valid and binding. Massachusetts had no such statute when the guarantee by D was issued but the law had changed when the contract was being executed. D refused payment. The trial gave the judgment to D and Ps appealed.