MORGANTON,

SEPTEMBER TERM, 1791.

#### Swann v. Gauge.

Note given to a married woman who lived separate; the husband never assented to the contract, ami the debt was attached as due to him. — Per Vt imuiams, the only Judge in Court, assent of the husband is not necessary, the debt becomes his immediately upon delivery to the feme.

Note. — In such case, the husband might sue alone, or join his wife with him, which shews that the debt is due to him. 1 Chit. Plead. 19.— The husband’s assent would be presumed, until the contrary was shewn.