Hollingsworth v. Hill
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens. Tried before the Hon. S. H. Sprott. This was an action for money had and received, brought by the appellant, Mrs.- G. J. Hollingsworth, against the appellee, S. H. Hill. The plaintiff introduced in evidence the following receipts : “May 12, 1891. Received from Jno. Hollingsworth, fifty dollars, on deposit. S. H. Hill.” “Received from Mrs. G. J. Hollingsworth, one hundred dollars to lend on good security for her. S. H. Hill.”
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Appeal from the Circuit Court of Pickens. Tried before the Hon. S. H. Sprott. This was an action for money had and received, brought by the appellant, Mrs.- G. J. Hollingsworth, against the appellee, S. H. Hill. The plaintiff introduced in evidence the following receipts : “May 12, 1891. Received from Jno. Hollingsworth, fifty dollars, on deposit. S. H. Hill.” “Received from Mrs. G. J. Hollingsworth, one hundred dollars to lend on good security for her. S. H. Hill.” John Hollingsworth, the husband of the plaintiff, testified that as the agent of his wife, he left with the defendant, each of…
1Opinion of the CourtMcCLELLAN, J.
The payment by the wife of a debt of the husband with money belonging to her separate estate is not the making of a contract by the wife within section 2346 of the Code of 1886, but is a disposition of personal effects of the wife within section 2348. The wife and the husband jointly may apply her money to the .payment of a debt, by parol or otherwise, and it is of no consequence that the debt is that of the husband. If the husband assume to make such application without the wife’s co-operation, but the latter, after the payment has been so made, conjointly with the husband *186ratifies and…
2Cited by12 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Hall v. GordonSupreme Court of Alabama · 1914
- Sample v. GuyerSupreme Court of Alabama · 1904
- Lindsey Lumber & Export Co. v. DeasSupreme Court of Alabama · 1935
- Mohr v. GriffinSupreme Court of Alabama · 1902
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