Lundell v. Swindell

This is a suit by the appellants, doing business as Lundell Plantation, to collect a “furnish” account from their former tenant, H. E. Swindell, and his wife, the appellees. The husband’s responsibility for the debt is conceded; the only question on appeal is whether Mrs. Swindell was a partner with her husband and therefore personally liable for the account. When the suit was filed in 1952 the plaintiffs garnisheed fire insurance proceeds in the amount of $1,-963.64, which were admittedly Mrs. Swindell’s separate property. Upon trial the chancellor held that Mrs. Swindell was not a partner…