Chaffe v. Benoit
Mississippi Supreme Court
Appeal from the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. On the eighth day of December, 1881, John Chaffe & Sons sued A. W. Benoit and his wife, Ida Benoit, in assumpsit, for $2,344.36, which it was alleged that the defendants owed jointly to the plaintiffs.
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Appeal from the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. On the eighth day of December, 1881, John Chaffe & Sons sued A. W. Benoit and his wife, Ida Benoit, in assumpsit, for $2,344.36, which it was alleged that the defendants owed jointly to the plaintiffs. On the trial Benoit testified that, in the early' part of January, 1880, or in the latter part of December, 1879, he leased “for the crop season of 1880” the plantation known as the “ Green way plantation ” from his wife, Ida Benoit, W. W. Blanton and a Mr. Kirke, who owned the same in undivided shares ; but the…
1Opinion of the CourtChalmers, J.
The contract of lease between Benoit and his wife, and the contract for advances between Benoit and Chaffe &Sons, were entered into under the Code of 1871, and the rights of the parties are therefore wholly unaffected by the subsequent adoption of the Code of 1880, whereby husbands are forbidden to lease the plantations of their wives. By the Code of 1871 this was admissible ; and when such contract was made, the estate of the wife became in no manner liable for the debts of the husband contracted in making crops. Grubbs v. Collins, 54 Miss. 485.
*39There is no force in the objection that the…
2Cases cited1 opinion
- Grubbs v. CollinsMississippi Supreme Court · 1877
3Cited by4 opinions
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- Wirtz v. GordonMississippi Supreme Court · 1938
- Tonkoff v. Roche Fruit & Produce Co.Washington Supreme Court · 1926
- Kiene v. ShaeffingNebraska Supreme Court · 1891