Brooks v. Barkley
Mississippi Supreme Court
From the circuit court of Noxubee county. HoN. NewNan Cayoe, Judge. Action by appellant against appellee on an open account.
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From the circuit court of Noxubee county. HoN. NewNan Cayoe, Judge. Action by appellant against appellee on an open account. The declaration alleges that the defendant, Sallie A. Barkley, in the year 1888, being the owner of a plantation in Lowndes county, Mississippi, permitted her husband, A. H. Barkley, to carry on planting operations on said plantation as her agent; that during said year, in conducting said business, he bought plantation supplies from one Nance, and, in January, 1889, as her agent, borrowed money from plaintiff to pay Nance for such supplies, executing to plaintiff his…
1Opinion of the CourtWhitfield, J.
The declaration, whilst stating that the husband bought, usually, all supplies, plantation or family, seeks, in this case, according to its terms and the bill of particulars, to recover only for plantation supplies. It is alleged that, in taking the note of the husband, appellant did not intend to release appel-lee, but that appellee was alone responsible. The declaration does not make a case, where, as in Porter v. Staten, 64 Miss., 421, the credit was given to the husband alone, but one where, as alleged, the credit was given to the wife alone.
The fact that the husband gave his individual…
2Cases cited3 opinions
- Porter v. StatenMississippi Supreme Court · 1886
- Cook v. LigonMississippi Supreme Court · 1877
- Witkowski v. MaxwellMississippi Supreme Court · 1891
3Cited by1 opinion
- McCormick v. F. Altneave & Co.Mississippi Supreme Court · 1895