Ross v. Baldwin
Mississippi Supreme Court
Appeal from the Circuit Court of Madison County. Hon. T. J. Wharton, Judge. E. M. & O. H. Baldwin brought this action of assumpsit against Mary J. Ross to recover the balance due on an o.pen account for $867.88, contracted during the year 1886. The defendant pleaded the general issue, payment, etc.
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Appeal from the Circuit Court of Madison County. Hon. T. J. Wharton, Judge. E. M. & O. H. Baldwin brought this action of assumpsit against Mary J. Ross to recover the balance due on an o.pen account for $867.88, contracted during the year 1886. The defendant pleaded the general issue, payment, etc. At the trial it was agreed between the parties as follows t “ That the defendant, Mrs. Ross, is, and was the owner of a plantation in Madison County at the time of the contracting of the debt sued for; that she had mules and farming utensils, and that the crop was made on said plantation during the…
1Opinion of the CourtCampbell, J.
This case is distinguished from Porter v. Staten, 64 Miss., 426, by the fact that here the principal was known and not undisclosed, as in the other case, and the credit was given to the principal, the wife. Section 1177 of the Code makes the husband the wife’s agent in the state of case it mentions, and as a wife is not under any disability to contract, she may, by her conduct, make the agency of her husband broader than that provided for by Section 1177. She may do this expressly, or by a course of dealing. In this case the plaintiff might have asked and obtained instructions broader than…
2Cases cited1 opinion
- Porter v. StatenMississippi Supreme Court · 1886
3Cited by3 opinions
- Johnson v. JonesMississippi Supreme Court · 1903
- Virden v. CommissionerUnited States Board of Tax Appeals · 1927
- Virden v. CommissionerUnited States Board of Tax Appeals · 1927