Wolff v. Hawes
Supreme Court of Georgia
Complaint on. account. Before Judge Felton. Bibb superior court. November term, 1897. Wolff & IJapp sued Mrs. Hawes upon an open account. The defendant set up that the debt was her husband’s, and not hers. It áppeared that the account was for goods sold and delivered 'upon orders of the defendant, at a store of which she was in .charge. The bills sent with the goods were made out against H. B. Hawes, defendant’s husband.
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Complaint on. account. Before Judge Felton. Bibb superior court. November term, 1897. Wolff & IJapp sued Mrs. Hawes upon an open account. The defendant set up that the debt was her husband’s, and not hers. It áppeared that the account was for goods sold and delivered 'upon orders of the defendant, at a store of which she was in .charge. The bills sent with the goods were made out against H. B. Hawes, defendant’s husband. According to the testimony of the defendant and that of her husband, the business was owned and conducted by him, and she was merely his clerk and bought under his direction.…
1Opinion of the CourtLewis, J.
The circumstances surrounding the sale of the goods by plaintiffs’ agent were of such a nature, to say the least, as to leave the creditor in honest doubt whether the wife had purchased on her own account, or as agent for her husband. There was, in fact, nothing in the transaction to indicate any agency in the wife. She ahd her husband were occupying different stores in the same city, she apparently having as absolute dominion and control over one store as the husband had over the other. When the husband was asked by plaintiffs’ agent about selling to the wife, the agent was referred to her.…
2Cases cited6 opinions
- Whittington v. Doe ex dem. WrightSupreme Court of Georgia · 1850
- Dotterer v. PikeSupreme Court of Georgia · 1878
- Mitchell v. ReedCalifornia Supreme Court · 1858
- T. J. Dunbar & Co. v. MizeSupreme Court of Georgia · 1874
- Archer v. GuillSupreme Court of Georgia · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Clemons v. OlshineCourt of Appeals of Georgia · 1936
- Mize v. HarberSupreme Court of Georgia · 1940
- Manley v. Chamberlin-Johnson-Dubose Co.Court of Appeals of Georgia · 1930
- Smith v. LambCourt of Appeals of Georgia · 1961
- Nichols v. EnglishSupreme Court of Georgia · 1967
5 more not listed; retrieve them via the Exa API.