Porter v. Bobb
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. This was an action to recover the value of goods alleged to have been sold and delivered to defendant. Upon the trial it appeared that the goods were purchased by and delivered to the wife of defendant; that the wife had left her husband’s dwelling prior to the sale of the goods and during his temporary absence on business; that she never returned.
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Appeal from St. Louis Law Commissioner’s Court. This was an action to recover the value of goods alleged to have been sold and delivered to defendant. Upon the trial it appeared that the goods were purchased by and delivered to the wife of defendant; that the wife had left her husband’s dwelling prior to the sale of the goods and during his temporary absence on business; that she never returned. The court gave the following instructions at the instance of the plaintiff: “ 1. The jury are instructed that a wife can act as the agent of her husband. 2. The mere fact of the wife of defendant…
1Opinion of the CourtScott, Judge
This case turns on the fact whether there was a separation between Bobb and his wife at the time the goods were furnished. The case of Harshaw v. Merryman, 18 Mo. 118, shows that where there is a separation between husband and wife, the tradesman at his peril must ascertain whether circumstances exist which would warrant him in giving credit to her. He is to take notice that there is a separation, and it is no defence to say that he had no knowledge of the fact. Whether there was a separation without the fault of the husband between the husband and wife at the time the goods were furnished is…
2Cases cited1 opinion
- Moore v. OtisSupreme Court of Missouri · 1853
3Cited by7 opinions
- Waters v. WatersSupreme Court of Missouri · 1872
- Attebery v. AtteberyMissouri Court of Appeals · 1974
- County of Audrain v. MuirSupreme Court of Missouri · 1923
- Reese v. ChiltonSupreme Court of Missouri · 1858
- Harttmann v. TegartSupreme Court of Kansas · 1873
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