Gross v. Pigg
Mississippi Supreme Court
From the circuit court of Leake county. Hon. A. G. Mayers, Judge. Action by Isidor Gross, a merchant, on an account for supplies, made by the husband of the defendant, Lizzie Pigg, who owned the plantation on which they resided and as well the work animals used by her husband in cultivating the same.
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From the circuit court of Leake county. Hon. A. G. Mayers, Judge. Action by Isidor Gross, a merchant, on an account for supplies, made by the husband of the defendant, Lizzie Pigg, who owned the plantation on which they resided and as well the work animals used by her husband in cultivating the same. No contract of lease between the husband and the wife was filed or recorded in the office of the clerk of the chancery court; and the testimony as to the manner in which the husband was conducting the business of the plantation is stated substantially in the opinion. Some of the supplies…
1Opinion of the CourtCooper, C. J.
The court erred in instructing the jury (1) that if the plantation of Mrs. Pigg was cultivated by her husband on his own account, and that Gross had notice thereof, it should find for *289the defendant; (2) that if Gross had no notice, it should find in his favor for plantation, and not family supplies, giving defendant credit for payments made out of the proceeds of the crops grown on her place.
There is no evidence upon which the first charge could rest. It is true Mr. Pigg states that he was carrying on the place on his own account, of which Gross had notice. But how he was conducting the…
2Cases cited1 opinion
- Porter v. StatenMississippi Supreme Court · 1886
3Cited by2 opinions
- Johnson v. JonesMississippi Supreme Court · 1903
- Rivers v. Wade Hardware Co.Mississippi Supreme Court · 1928