Howcott v. Kilbourn

Howcott brought suit against the appellee on a note signed “L. A. Kilbourn, pr W. I. Kilbourn.” There was an answer of non est factum, and the issue was as to W. I. Kilbourn’s authority to execute the. note. No attempt was made to show express authority for that purpose, but W. I. and L. A. Kilbourn were husband and wife, and the testimony tended to show that the wife was in business for herself, as planter and merchant, in Louisiana, and that the husband transacted most of the business. Mrs. Kilbourn bought supplies from the plaintiffs for her plantation and store; and her husband, to settle…