Compton v. Bates
Appellate Court of Illinois
Appeal from the Circuit Court of Bureau county; the Hon H. M. Trimble, Judge, presiding. Action by appellees to recover the price and value of certain goods sold to the wife of appellant upon his credit. The appellees are tradesmen, doing business in Princeton, and the appellant a farmer, residing at Ohio Station in the same county, about fourteen miles from Princeton.
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Appeal from the Circuit Court of Bureau county; the Hon H. M. Trimble, Judge, presiding. Action by appellees to recover the price and value of certain goods sold to the wife of appellant upon his credit. The appellees are tradesmen, doing business in Princeton, and the appellant a farmer, residing at Ohio Station in the same county, about fourteen miles from Princeton. On the 31st day of March, 1881, the wife of appellant, then unknown to appellees, went into their store and desired to buy some goods upon credit, and upon her name being asked, stated that she was the wife of appellant, that…
1Opinion of the CourtPillsbury, J.
The liability of the husband upon contracts made by the wife ostensibly in his name or on his behalf, depends upon the doctrine of agency.
As far back as Fitzlierbert, the rule is found that “ A man shall be charged in debt for the contract of his bailiff or servant, where he giveth authority to his bailiff or servant to buy and sell for him; and so far the contract of his wife, if he giveth authority to his wife; otherwise not”
In the leading case of Manby v. Scott, 1 Sid. 109, it was resolved that the husband shall not be liable without his assent, which was followed by Montague v. Benedict,…
2Cases cited2 opinions
- Raynes v. BennettMassachusetts Supreme Judicial Court · 1874
- Clark v. CoxMichigan Supreme Court · 1875
3Cited by4 opinions
- Schlesinger v. KeiferAppellate Court of Illinois · 1889
- Johnson v. BriscoeMissouri Court of Appeals · 1904
- Bergh v. CrosbyAppellate Court of Illinois · 1911
- Bonney v. PerhamAppellate Court of Illinois · 1902