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CHARLES H. HORTON vs. HENRY E. SIMMONS, Administrator.

From time to time between 1869 and 1873 a married woman deposited money in a bank for the benefit of her son. Upon her death, her husband living, the son brought assumpsit against her administrator to recover the money: Held, that the coverture of the defendant's intestate was a bar to the action, and the plaintiff's remedy was by bill in equity to establish a trust and for an account.

PER CURIAM.

We think that the coverture of the defendant's intestate is a defence to the plaintiff's suit, and that his remedy is by bill in equity to establish a trust and for an account.

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HORTON v. SIMMONS
(May 11, 1897)