Bushnell v. Bertolett
Supreme Court of North Carolina
Appeal from Councill, J., at the May Term, 1910, of Henderson. Civil action beard upon demurrer to tbe complaint. His Honor overruled tbe demurrer and defendant appealed. Tbe facts are sufficiently stated in tbe opinion of Mr. Justice Brown.
1DissentClark, C. J.
This Court held in Brinkley v. Ballance, 126 N. C., 396: “An examination of the Constitution, Art. 10, sec. 6, and of the statute, Code, 1826, shows no foundation for the 'charging’ of the wife’s property as laid down in some decisions of a former Court.” It was further said: “The wife admits she got the goods and of the value charged. She got them on an order written by husband as agent, and he signs his name.” The Court proceeds to intimate that this was the husband’s written consent under Code, 1826, and hence “the contract is valid and binding on the wife, and in holding that no recovery…
2Cases cited4 opinions
- Vann v. Edwards.Supreme Court of North Carolina · 1904
- Hanover National Bank v. HowellSupreme Court of North Carolina · 1896
- A. Brinkley & Co. v. BallanceSupreme Court of North Carolina · 1900
- Vann v. EdwardsSupreme Court of North Carolina · 1901