Poole v. Perkins
Virginia Supreme Court
126 Va. 331, 101 S.E. 240 (1919)
W.T. Poole and his wife, F.D. Poole (defendants), executed a joint promissory note in favor of Marvin Perkins (plaintiff). At the time of the note’s execution, all the parties were residents of Tennessee. Pursuant to Tennessee’s coverture law, a contract executed by a married woman was voidable. Although the note was dated, signed, and delivered in Tennessee, it was payable at a bank in Virginia. Subsequently, all the parties moved to Virginia, which did not have a coverture statute. The Pooles defaulted on the note, and Perkins filed suit in Virginia state court to collect on the note. Mrs. Poole argued that Tennessee law governed the claim, and that she lacked capacity to sign the note under Tennessee’s coverture law. The trial court held for Perkins. The Pooles appealed.
Rule of Law
Holding and Reasoning (Kelly, J.)
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