(m)  Mathewman' s  case,  L.  R.  3  Eq.  Q.  B.  565.
781  ;  36  i.  J.  0.  90 ;  see  Butler  v.
486  CAPACITY  OF  PARTIES.
Past  II.  ried  woman  was  not  chargeable  with  contracts  or  debts  merely
implied  in  law,  for  which  there  could  be  no  presumed  inten-
tion to  charge  her  separate  estate :  as  an  implied  debt  for
money  received  by  her  for  which  the  consideration  has  wholly
failed  (c)  ;  or  for  money  received  under  a  mistaken  claim  {d) ;
or  for  money  received  upon  a  trust,  which  she  has  misapplied
to  her  own  use  («).  But  the  Act,  s.  1  (2),  which  renders  a
married  woman  liable  to  be  sued,  "  either  in  contract,  or  in
tort,  or  otherwise,  in  all  respects  as  if  she  were  a,  feme  sole,"
seems  to  include  such  claims  as  those  above  mentioned  (/).
