Ward v. Johnson
Supreme Court of Alabama
Appeal from Tuscaloosa Chancery Court. Heard before the Hon. Thomas Cobbs. This bill was filed by John H. Ward and James W. Ward, against Elizabeth Johnson and her husband, Nelson D. Johnson ; and was commenced Feb. 2d, 1883. The bill alleges that complainants entered into a partnership with the defendant, Elizabeth Johnson, on 3d January, 1881, for carrying on a general merchandise business at Coaling Station on the Alabama Great Southern Bailroad in Tuscaloosa county ;…
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Appeal from Tuscaloosa Chancery Court. Heard before the Hon. Thomas Cobbs. This bill was filed by John H. Ward and James W. Ward, against Elizabeth Johnson and her husband, Nelson D. Johnson ; and was commenced Feb. 2d, 1883. The bill alleges that complainants entered into a partnership with the defendant, Elizabeth Johnson, on 3d January, 1881, for carrying on a general merchandise business at Coaling Station on the Alabama Great Southern Bailroad in Tuscaloosa county ; that said Elizabeth Johnson was to furnish the store house and premises for carrying on the business, and complainants were…
1Opinion of the Court
STONE, C. J.-
-We may concede that N. D. Johnson was the agent of his wife in conducting the partnership business, in which she appears to have been a member, and still the declarations he is alleged to have made afterwards, being only narrative of a past transaction, are not legal evidence to fix a charge on her, or on her estate.. Her estate is statutory, and nothing her husband can say or do can bind it, except to the extent the statute makes it hable for “articles of comfort and support of the household” &c : Code of 1876 § 2711. Chatham v. Newman, 69 Ala. 547; Lee v. Campbell, 61 Ala. 12;…
2Cases cited14 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Robinson v. MurphySupreme Court of Alabama · 1881
- Carver v. EadsSupreme Court of Alabama · 1880
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
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