Cook v. Ligon
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. 1. To charge a married woman upon a contract under the statute, the plaintiff must show that it was made for the purposes expressed in the statute.
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Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. 1. To charge a married woman upon a contract under the statute, the plaintiff must show that it was made for the purposes expressed in the statute. Robertson v. Bruner, 24 Miss. 244. The récord must show the concurrence of all the facts required by the statute, to make the promise binding on the wife. 43 Miss. 538, 551, 552, 686. Generally a married woman is incapable of contracting, and her promises are, prima facie, void. 41 Miss. 114. Our statutes as to her separate property and her power to contract are enabling. All…
1Opinion of the Court · ChalmersChalmers, J.
The suit was brought against both husband and wife on an open account for goods, wares and merchandise sold and delivered. The wife died pending suit, and the husband having qualified as her executor, it was revived against him, and judgment for the whole amount eventually rendered against him, both in his individual and in his representative capacity. Many of the items in the account are evidently for plantation supplies, many are plainly family supplies, and a large number could fairly be classed under either designation; and their true classification, therefore, would depend on the uses…
Also in this document: Opinion of the Court · Chalmers.
2Cases cited5 opinions
- Guion v. DohertyMississippi Supreme Court · 1871
- Herman v. PerkinsMississippi Supreme Court · 1876
- Clopton v. MathenyMississippi Supreme Court · 1873
- Bacon v. S. Bevan & Co.Mississippi Supreme Court · 1870
- Mallett v. ParhamMississippi Supreme Court · 1876
3Cited by4 opinions
- Bank of America v. BanksSupreme Court of the United States · 1880
- Klotz v. ButlerMississippi Supreme Court · 1879
- Brooks v. BarkleyMississippi Supreme Court · 1894
- McCormick v. F. Altneave & Co.Mississippi Supreme Court · 1895