Tuttle v. Hoag
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. “ If the wife trades in goods and buys for her trade, when she cohabits with her husband, his assent is to be presumed.” (Com. Dig., tit. Baron and Feme; Langfort v. Adm’r of Tyler, 1 Salk. 113 ; 3 Barn. & Cress. 638.) And it lies on the husband to show that the goods were furnished under such circumstances that he is not liable to pay for them. (Clifford v. Latón, 3 Car. & P. 15; 2 Bright Husb.
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Appeal from St. Louis Circuit Court. I. “ If the wife trades in goods and buys for her trade, when she cohabits with her husband, his assent is to be presumed.” (Com. Dig., tit. Baron and Feme; Langfort v. Adm’r of Tyler, 1 Salk. 113 ; 3 Barn. & Cress. 638.) And it lies on the husband to show that the goods were furnished under such circumstances that he is not liable to pay for them. (Clifford v. Latón, 3 Car. & P. 15; 2 Bright Husb. Wife, 11, § 27.) The wife’§ contracts during cohabitation will bind the husband to a greater extent than for mere necessaries if the evidence warrants the…
1Opinion of the CourtWag-Nek, Judge
This was an action upon an account which was tried in the St. Louis Circuit Court on an appeal from a justice of the peace. Before the justice judgment was obtained for the plaintiffs.
The following facts appear from the record: The goods sued for were sold and delivered to Mrs. Hoag, wife of the defendant, by the plaintiffs. Mrs. Hoag was carrying on business in her own name when she bought the goods. She went into business against her husband’s consent. She and her husband were living together at the same house where the wife carried on the business. The husband received none of the proceeds…
2Cases cited9 opinions
- Shelton v. PendletonSupreme Court of Connecticut · 1847
- Sturgis v. KnappSupreme Court of Vermont · 1860
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Benjamin v. BenjaminSupreme Court of Connecticut · 1843
- Coughlin v. RyanSupreme Court of Missouri · 1868
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3Cited by7 opinions
- Miller v. BrownSupreme Court of Missouri · 1871
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- McGregor-Noe Hardware Co. v. HornSupreme Court of Missouri · 1898
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- Hochstadter v. HaysSupreme Court of Colorado · 1887
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