Opinion
02-20-1914
ROSEVILLE TRUST CO. v. CURTISS.
G. Rowland Munroe, of Newark, for complainant. Terry Parker, of East Orange, for defendant.
Bill by the Roseville Trust Company against one Curtiss. Decree for defendant.
G. Rowland Munroe, of Newark, for complainant.
Terry Parker, of East Orange, for defendant.
STEVENS, V. C. That the note in this case was made for the benefit of the Postcraft Company is not disputed. It was made by a married woman payable to the order of "myself" and not indorsed by her. The effort is to compel her to indorse, in order that suit may be brought upon it in a court of law. There is no proof that she obtained, either directly or indirectly, anything of value for her own use or for the use of her separate estate. It is a well-settled rule that equity will not enforce an executory contract unless there be an actual valuable consideration. Pom. Eq. Jur. § 1293. To compel her to indorse here, on the ground of an implied promise to do so, would be to compel her to complete, in point of form, an incomplete contract (3 Comp. St 1910, p. 3755, § 184), which the law would not oblige her to perform.