Browning v. Carson
Massachusetts Supreme Judicial Court
Contract, in three counts. The first count was against-the defendant as maker, and the second count was against him as indorser, of a promissorymote for $1,836.17, dated June 1,1891, payable one month after date to his order, signed by M. B. C. Carson, who was the defendant’s wife, and also signed and indorsed by the defendant. Payments were also indorsed on the notes amounting to $1,250. The third count was upon an account annexed for goods sold and delivered.
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Contract, in three counts. The first count was against-the defendant as maker, and the second count was against him as indorser, of a promissorymote for $1,836.17, dated June 1,1891, payable one month after date to his order, signed by M. B. C. Carson, who was the defendant’s wife, and also signed and indorsed by the defendant. Payments were also indorsed on the notes amounting to $1,250. The third count was upon an account annexed for goods sold and delivered. Writ dated January 2,1892. Trial in the Superior Court, without a jury, before Braley, J., who allowed a bill of exceptions, in…
1Opinion of the CourtField, C. J.
But for Pub. Sts. c. 147, § 11, Mrs. Carson alone would have been liable to pay for the goods sold to her, as they were sold on her sole credit. See § 10. By the eleventh section the husband is made liable if the certificate required by *260that section is not recorded “in the samé manner and to the same extent as if such contracts had been made by himself.” The wife is liable because she bought the goods on her separate account. The husband is liable because the' statute makes him liable if a certificate is not recorded. Feran v. Rudolphsen, 106 Mass. 471. The liability is not joint, but…
2Cases cited4 opinions
- Roby v. PhelonMassachusetts Supreme Judicial Court · 1875
- Yale v. WheelockMassachusetts Supreme Judicial Court · 1872
- Feran v. RudolphsenMassachusetts Supreme Judicial Court · 1871
- Ridley v. KnoxMassachusetts Supreme Judicial Court · 1884
3Cited by7 opinions
- Smith v. MooreSupreme Court of Iowa · 1900
- National Bank of the Republic v. DelanoMassachusetts Supreme Judicial Court · 1904
- Donnelly v. GarvanSupreme Court of Connecticut · 1930
- Pierce v. Le MonierMassachusetts Supreme Judicial Court · 1899
- Bergdoll v. SoppSupreme Court of Pennsylvania · 1910
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