Cases Argued and Decided in the Supreme Court of Mississippi Volume 54

Cases Argued and Decided in the Supreme Court of Mississippi Volume 54

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...were bought indiscriminately by the husband, the wife and their daughter. They were carried home, and there used by the family or applied to the uses of the plantation. The account was opened by the husband and kept in his name, nor was there ever any conversation between the wife and the merchants with reference to her liability. The husband was insolvent, with unpaid judgments hanging over him, and had no property whatever, save a saddle-horse. The wife was the owner of two plantations, on one of which the family resided. These facts were known to the merchants, and it was understood between them and the husband that the crops grown on the wife's plantation should be delivered in payment of the account. A portion of the cotton was so delivered. What are the respective liabilities of the husband and wife upon this account? Numerous as are the decisions in this State on cognate subjects, it is believed that there exists no reported case definitely settling some of the questions here involved. We have given to their solution that careful consideration which their practical importance demands. First, as to the plantation supplies. As to these, the statute, Code, 1780, makes the husband the agent of the wife, in invitum, so far as she is concerned. Her separate estate, therefore, will be bound for their purchase, whether bought by herself, or by him with or without her consent. From this liability nothing will discharge her estate, save an express contract that it shall be released, or something equivalent to it. Neither the mere acceptance of the note of the husband nor the recovery of a judgment on such note will have that effect. Guion v. Dokerty, 43 Miss. 538, 551; Clapton v. Matheny, 48 Miss. 285. The estate of the wife is, ...
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Product details

  • Paperback | 270 pages
  • 189 x 246 x 14mm | 485g
  • United States
  • English
  • black & white illustrations
  • 1236910249
  • 9781236910240