Johnston v. Pike

This is contest for the ownership of a mare named Jewel, the defendant setting up title from the plaintiff himself, through a purchase from the latter’s wife.

The question resolves itself into one of authorization from the husband to the wife, under the provisions of Art. 1779 of the Civil Code. It is there said : That “ the authorization of the husband to the commercial contracts of the wife, is presumed by law, if he permits her to trade in her own name; and to her contracts for necessaries for herself and family, when he does not himself provide them.” The parties, however, disagree upon…