Jacobs v. Featherstone
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. The plaintiffs, Samuel Jacobs & Robert W. Cushman, complained in the first count of their declaration, which was for goods sold and delivered, that “ Michael Featherstone and Hannah his wife, (which said Hannah doth merchandise and trade with merchandise in the art of a dry-goods shopkeeper, according to the custom of feme sole trading), were attached to answer Samuel Jacobs & Robert W. Cushman of a plea of…
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ERROR to the District Court for the city and county of Philadelphia. The plaintiffs, Samuel Jacobs & Robert W. Cushman, complained in the first count of their declaration, which was for goods sold and delivered, that “ Michael Featherstone and Hannah his wife, (which said Hannah doth merchandise and trade with merchandise in the art of a dry-goods shopkeeper, according to the custom of feme sole trading), were attached to answer Samuel Jacobs & Robert W. Cushman of a plea of trespass upon the case, &c. For that whereas the said Hannah (then'' and now being the wife of the said Michael…
1Per curiam
There is no feme sole trading by a married woman, with us, but such as is licensed and regulated by the sta*349tute of 1718. In Burke v. Winkle, the action was sustained on the statute alone, the fact that the wife was within it being admitted by the demurrer; and it was ruled that she had power to bind herself by specialty, which she could not have done by the custom of London. In the case before us, the character of the wife, as a feme sole trader, is the very matter put in issue; and on that head the statute is sufficiently explicit. The framers of it had in view the case of a wife left to…
2Cited by5 opinions
- Black v. TrickerSupreme Court of Pennsylvania · 1868
- Cleaver v. ScheetzSupreme Court of Pennsylvania · 1872
- Rigoney v. NeimanSupreme Court of Pennsylvania · 1873
- Bankert Petition, Pennsylvania Court of Common Pleas, Adams County1950
- Gartrell's Petition, Pennsylvania Court of Common Pleas, Philadelphia County1937