Levy v. Darden
Mississippi Supreme Court
ERROR, to the Circuit Court of Monroe county. Hon. Joel M. Acker,, judge. The declaration is in the name of Emanuel Levy and Jeannette, his wife, as plaintiffs, and avers that the defendant, on the 1st July, 1858, was indebted to said Jeannette in the sum of $79 25, orders for goods before that time sold and delivered by said Jeannette to defendant, and that defendant afterwards promised to pay said sum to said Jeannette.
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ERROR, to the Circuit Court of Monroe county. Hon. Joel M. Acker,, judge. The declaration is in the name of Emanuel Levy and Jeannette, his wife, as plaintiffs, and avers that the defendant, on the 1st July, 1858, was indebted to said Jeannette in the sum of $79 25, orders for goods before that time sold and delivered by said Jeannette to defendant, and that defendant afterwards promised to pay said sum to said Jeannette. The bill of particulars filed shows that the indebtedness was for milliners’ goods. The defendant pleaded that at the time of making the contract mentioned in the…
1Opinion of the CourtHarris, J.
The plaintiffs in error filed their action in this court to recover an account for goods sold and delivered by the wife of the plaintiff Emanuel Levy, to the defendant.
To this complaint, defendant pleaded the general issue ; and 2d. That at the time of making the contract sued on, plaintiff, Jeannette Levy, was a feme covert, and the wife of the said Emanuel, and incompetent to contract.
Plaintiffs replied that the goods, &c., sold to the defendant, were the separate property of the said Jeannette.
To this replication, the defendant demurred,
1st. Because the replication does not allege by what…
2Cases cited2 opinions
- Billingslea v. YoungMississippi Supreme Court · 1857
- Bodgett v. EbbingCourt of Appeals of Mississippi · 1852
3Cited by1 opinion
- Frierson v. WilliamsMississippi Supreme Court · 1879