Conflicts Keyed to Currie
Milliken v. Pratt
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Mr. Pratt obtained a signed guaranty for his debts from his wife, Mrs. Pratt (Defendant), as a condition of his buying on credit from Milliken (Plaintiff). When the signing occurred, Pratt (Defendant) was a resident of Massachusetts and by the law of that state a married woman was statutorily incapable of acting as surety for her husband. The guaranty was mailed to Plaintiff in Maine, his place of business, where he shipped goods as relied on. When her husband subsequently defaulted, Pratt (Defendant) refused demand on the guaranty and Plaintiff brought suit against her in Massachusetts. The court ordered judgment for Defendant. Plaintiff appealed.
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