Allen v. Fuller
Massachusetts Supreme Judicial Court
Contract on two promissory notes, signed by the female defendant as principal, and Joseph N. Fuller, her husband, as surety. Trial in the Superior Court, without a jury, before Ba con, J., who allowed a bill of exceptions in substance as follows: The defendant Joseph hi. Fuller was defaulted. There was evidence tending to show that the goods sold, for which these notes were given, were sold on the sole credit of Lydia A. Fuller, wife of Joseph N. Fuller.
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Contract on two promissory notes, signed by the female defendant as principal, and Joseph N. Fuller, her husband, as surety. Trial in the Superior Court, without a jury, before Ba con, J., who allowed a bill of exceptions in substance as follows: The defendant Joseph hi. Fuller was defaulted. There was evidence tending to show that the goods sold, for which these notes were given, were sold on the sole credit of Lydia A. Fuller, wife of Joseph N. Fuller. There was also evidence tending to show that the goods were sold and delivered to the husband on his sole credit, the same being charged to…
1Opinion of the Court
By the Court.
Evidence that the goods were charged to the husband on the plaintiffs’ books was not conclusive that they were sold to him. James v. Spaulding, 4 Gray, 451. The judge below, having found as a fact that the goods were sold to the wife and on her credit, rightly ruled as matter of law that she was liable therefor. Spaulding v. Day, 10 Allen, 96. Labaree v. Colby, 99 Mass. 559. Wilder v. Richie, 117 Mass. 382.
Exceptions overruled.
2Cases cited2 opinions
- Labaree v. ColbyMassachusetts Supreme Judicial Court · 1868
- Wilder v. RichieMassachusetts Supreme Judicial Court · 1875
3Cited by5 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Pettey v. BenoitMassachusetts Supreme Judicial Court · 1906
- Caldwell v. BlanchardMassachusetts Supreme Judicial Court · 1906
- Nourse v. HenshawMassachusetts Supreme Judicial Court · 1877
- Hilliard v. You-Do-It Electronics Hobby Center, Inc.Massachusetts District Court, Appellate Division · 1969