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What is the legal precedent set by the case of Marchand v. Griffon?

The Marchand v.

Griffon case established that in Louisiana, the burden of proof is on a married woman who is sued on a promissory note to show that the debt did not benefit her or her separate estate.

This was a significant departure from the common law doctrine of coverture, which had previously shielded married women from liability for their contracts in many jurisdictions.

The Supreme Court's 7-0 ruling in Marchand v.

Griffon affirmed the lower court's decision, solidifying this new legal precedent in Louisiana.

The case originated from the U.S.

Circuit Court for the Eastern District of Louisiana, and was appealed to the Supreme Court.

Marchand v.

Griffon marked an important step in the gradual erosion of coverture laws and the expansion of married women's property rights in the late 19th century United States.

The opinion, written by Justice Lucius Lamar, relied heavily on Louisiana's unique civil law system, which had diverged from the common law tradition followed in most other states.

Marchand v.

Griffon effectively placed the onus on married women to prove their contracts were non-binding, rather than automatically exempting them from liability.

This shifted the burden of proof in line with Louisiana's Married Women's Property Act of 1788, which had granted married women greater legal capacity than the common law.

The Supreme Court's decision in Marchand v.

Griffon was influential beyond Louisiana, as it highlighted the growing legal recognition of married women's contractual rights across the country.

Subsequent cases built upon the Marchand v.

Griffon precedent, further eroding the common law doctrine of coverture in various state jurisdictions.

Legal scholars have viewed Marchand v.

Griffon as a significant milestone in the gradual advancement of married women's rights and economic autonomy in the late 19th century.

The case demonstrates how regional differences in legal systems, such as Louisiana's civil law tradition, could produce divergent outcomes compared to the common law applied in most other states.

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