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Conflict of Laws Keyed to Brilmayer
Poole v. Perkins
Citation:
126 Va. 331, 101 S.E. 240 (1919)Facts
Defendants, Mr. W.T. Poole and Mrs. F.D. Poole, executed a joint promissory note in favor of Plaintiff, Marvin Perkins. At the time the promissory note was executed, all parties were residents of the state of Tennessee. More than a year after the promissory note was executed but before the present suit was brought by Perkins, all parties became residents of the state of Virginia. While the promissory note was dated, signed, and delivered in Tennessee, it was payable at a bank in Virginia.
Perkins brought suit in the Virginia Circuit Court of Wythe county to recover judgment on the promissory note. The circuit court found in favor of Perkins, and Mrs. Poole appealed.
Mrs. Poole argued that under Tennessee law at the time the promissory note was executed, the contracts of a married woman were voidable and could not be enforced against her if there was a plea of coverture. At the time the promissory note was executed, Tennessee law did recognize coverture. However, by the time Perkins brought suit in Virginia, “the disability of coverture” had been removed by statute in Tennessee.
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