Poole v. Perkins

101 S.E. 240 (1919)

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Nature of the Case

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Facts

According to the laws of the State of Tennessee, the contracts of a married woman were voidable and could not be enforced against her where there was a plea of coverture. On January 1, 1912, W. T. Poole and his wife, D, executed a joint promissory negotiable note to the order of P. Poole and D and P at that time resided and were domiciled in the city of Bristol, Tennessee. All of the parties, makers, and payee, became and have since remained residents of and domiciled in Virginia. The note was dated, signed, and delivered in Tennessee, but upon its face was payable at a bank in the city of Bristol, Virginia. Ds defaulted. P sued in Virginia. P argued that Tennessee law governed the claim and that she lacked capacity to sign the note under Tennessee’s coverture law. P got the verdict and D appealed.