McMahon v. Lewis
Court of Appeals of Kentucky
CASE 29 — PETITION EQUITY APPEAL PROM DAVIESS CIRCUIT COURT. CITED— Revised Statutes, sec. 1, art. 2, chap . —, 2 Stant., 8. 2 Met., 252 ; Pell vs. Cole. 8 Met., 335; Marshall vs. Miller. CITED— 2 Stanton, page 8.
1Opinion of the CourtChief Justice Williams
The store account of appellant, though for necessaries for the family, was charged alone to appellee’s husband, and the only witness who testified being appellant’s clerk, does not state that credit was given to Mrs. Lewis.
When, by a subsequent arrangement, her husband gave his note to Sinnett, and she signed it with him and Anderson, and appellant also signed it, she must be regarded as a security, and not as a principal.
Whilst under our statute a married woman, having estate, may bind herself for necessaries, it is essential that the credit originally should be given to her, and not *139alone…
2Cited by6 opinions
- Hunt v. SmithCourt of Appeals of Kentucky · 1921
- Robenson v. YannCourt of Appeals of Kentucky (pre-1976) · 1928
- Luigart v. Lexington Turf ClubCourt of Appeals of Kentucky · 1908
- Chiles v. Ready's Adm'rCourt of Appeals of Kentucky · 1876
- Farmers Investment Co., AKA Farmers Investment Company, Incorporated v. Bg Landco, LLCCourt of Appeals of Kentucky · 2024
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