Blumer v. Pollak & Co.
Supreme Court of Florida
Appeal from tbe Circuit Court for Escambia county. - The bill in this case was filed by appellees to obtain payment of a sum of money alleged to be due from Mrs. Blumer, the wife of co-appellant, for.merchandise sold by them to her out of her separate personal property. . It is not denied that she purchased goods of appellees as alleged, but it is alleged by appellants that at the time of such purchase she was and now is the wife of ¥m.
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Appeal from tbe Circuit Court for Escambia county. - The bill in this case was filed by appellees to obtain payment of a sum of money alleged to be due from Mrs. Blumer, the wife of co-appellant, for.merchandise sold by them to her out of her separate personal property. . It is not denied that she purchased goods of appellees as alleged, but it is alleged by appellants that at the time of such purchase she was and now is the wife of ¥m. Blumer, that she bought the goods without the knowledge of her-husband, and without his consent or authority. Complainants allege that for some years past,…
1Opinion of the Court
The Chief-Justice
delivered the opinion of the court.
There has been much conflict in the decisions of courts of equity on the subject of the character of the contract of a married woman by which a debt may be created which Avill be a charge, or chargeable upon her separate estate or property, real or personal.
Neither the courts in England nor those of this country are in harmony on the question.
Some of them hold that any credit obtained by her for any purpose, or any promise by her to pay money, whether for her own use or as a security for her husband or another, is sufficient to create a…
2Cases cited3 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Yale v. DedererNew York Supreme Court · 1855
- Yale v. DedererNew York Supreme Court · 1860
3Cited by10 opinions
- Blood v. HuntSupreme Court of Florida · 1929
- Garvin v. WatkinsSupreme Court of Florida · 1892
- De Graum, Aymar & Co. v. JonesSupreme Court of Florida · 1887
- Halle v. EinsteinSupreme Court of Florida · 1894
- First National Bank v. HirschkowitzSupreme Court of Florida · 1903
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