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the law. By the law as it stands, if Mr Norton can evade his covenant (as he does, by stating that it is null because it was a contract with me, and "a man cannot contract with his own wife") he can defraud the creditor, for if a creditor sues me, I have only to plead " coverture," plead that I am a married woman, and the creditor who could not recover against Mr Norton is equally unable to recover against me. Between the facts, that because I am Mr Norton's wife hecan cheat me, and because I am, Mr Norton's wife I can cheat others, the tradesmen who have supplied me would (by the law of England) utterly lose their money.[1] This does interest the public, and is a state of the law which certainly requires amending* The case yesterday, was technically decided on this point, viz., that at the time this particular bill was incurred, the allowance had not been stopped. The validity of the covenant Mr Norton is attempting to break was not called in question; and it does interest the public and the bar—whether it can be called in question—whether, if not a contract with me, is not a contract with my creditors—a written and stamped agreement with them, made by a magistrate and barrister; because, as I have stated, if it is not a valid contract, the creditor may be utterly cheated of his money—if (which God forbid), copying the example of Mr Norton, I also should fling off, by quibble of the law, my personal liability.
Mr Norton, after a pause of a day or two, published an "answer" of extraordinary length; premising, especially, that he did so—less in his private, than his public capacity; his private character being "safe in the hands of those who knew
- ↑ A case in point has been lately decided; January 21, 1854, in the Court of Exchequer. A married woman, representing herself to be single, executed a promissory note for one Brassey, and thereby induced the Liverpool Adelphi Loan Association to lend him 30l. It was ruled by the Chief Baron, that as a married woman could not bind herself by a contract, no action could lie against her, or her husband, for the breach of such contract; nor could she, or her husband, be sued for the fraud on the association. How are the lenders to recover their money?
