Youngworth v. Jewell
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. The facts are stated in the opinion. The sole trader’s act is in derogation of the common law and should be strictly construed.
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Appeal from the District Court of the First Judicial District, Storey County. The facts are stated in the opinion. The sole trader’s act is in derogation of the common law and should be strictly construed. That provision of the act, which prohibits the husband from managing or superintending the business, was designed to protect the creditors of the husband against fraud and collusion between him and his wife (Porter v. Gamba, 43 Cal. 105), and should be rigidly enforced against the wife, and liberally construed in favor of the creditors. (De Diane v. Lynch, 23 Tex. 25; 16 Ohio, 509-521; 37…
1Opinion of the Court
By the Court,
Hawley, J.:
Plaintiff is the wife of Charles Youngworth, and, as a sole trader, is engaged in keeping a restaurant in Virginia City. She brought this suit to recover certain personal property which had been levied upon by the defendant as the property of her husband. Por a number of years prior to the time she became a sole trader, her husband carried on the same business, and during that time she assisted him by remaining behind the counter, in his place of business, to receive money from customers and to pay bills, while he superintended the kitchen, attended to and waited upon…
2Cases cited1 opinion
- Guttmann v. ScannellCalifornia Supreme Court · 1857
3Cited by7 opinions
- Kelly v. Newark Shoe Stores Co.Supreme Court of North Carolina · 1925
- Hasley v. StateCourt of Criminal Appeals of Texas · 1920
- Hesley Jr. v. StateCourt of Criminal Appeals of Texas · 1920
- Neilson v. AlbertySupreme Court of Oklahoma · 1913
- Ure v. UreIllinois Supreme Court · 1900
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