Wood

A married woman cannot bind herself by a promissory note unless it grew out of a transaction respecting her separate property.

That this note would be void at common law will not be disputed. Has the Code removed the disability of a married woman, except to a certain extent ? And that respecting her sep *413 arate property and transactions respecting it? We think not. Let us analyze the provisions of the Code. Sec. 1556 Civil Code simply denominates the persons capable of contracting, among which are married women, and that she can make some lcinds of contracts is not disputed. And sec. 158 shows what kind of contracts a married woman may enter into. She can contract with her husband, or with any other person, “ respecting property,” the same as if unmarried.' Sec. 158 is a limitation, clearly defined, upon her power to contract. There is no allegation that this promissory note grew out of a transaction “ respecting property.”

Sec. 167 being directly in conflict with sec. 153, was very properly amended so as to harmonize the two sections.

As it stood at first, a married woman could not bind herself by any contract for the “ payment of money,” even if that contract was…