Bowker v. Bradford
Massachusetts Supreme Judicial Court
Contract, against Amos C. Bradford and Henrietta Bradford, on an account annexed, for rent of a store in Salem. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows: Judgment with stay of execution was entered against the defendant Amos C. Bradford, who filed a suggestion of insolvency since the suit; and the trial proceeded against the defendant Henrietta, who was the wife of Amos C. The plaintiff…
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Contract, against Amos C. Bradford and Henrietta Bradford, on an account annexed, for rent of a store in Salem. Trial in the Superior Court, before Pitman, J., who reported the case for the determination of this court, in substance as follows: Judgment with stay of execution was entered against the defendant Amos C. Bradford, who filed a suggestion of insolvency since the suit; and the trial proceeded against the defendant Henrietta, who was the wife of Amos C. The plaintiff offered evidence tending to show that Amos C. called upon him with reference to hiring the store in question, and…
1Opinion of the CourtMorton, C. J.
The ruling of the court, directing a verdict for the defendant Henrietta Bradford, was right. There was no evidence which would support a verdict against her. The contract was made with her husband. If the evidence tended to prove anything against Mrs. Bradford, it showed that he undertook to hire the store for a partnership consisting of himself and his wife. It has no tendency to prove any other ground of liability of the wife. But a husband and wife cannot enter into a contract of copartnership. Pub. Sts. c. 147, § 2. Plumer v. Lord, 7 Allen, 481. She is therefore not liable as a partner…
2Cited by8 opinions
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Artman v. FergusonMichigan Supreme Court · 1888
- Edgerly v. Equitable Life Assurance Society of the United StatesMassachusetts Supreme Judicial Court · 1934
- Voss v. SylvesterMassachusetts Supreme Judicial Court · 1909
- Fuller & Fuller Co. v. McHenryWisconsin Supreme Court · 1892
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