Ernst Bros. v. Hollis
Supreme Court of Alabama
Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. ¥i. E. Clabke. This action was brought by Ernst Brothers, suing as partners, against John L. Hollis and his wife, Mrs. Elizabeth G. Hollis; and was commenced on the 20th August, 1887. The complaint claimed $365.91, as due by account on the 8th January, 1886, for goods, wares and merchandise sold and delivered by plaintiffs to defendants; averring that they were husband and wife at the time, that the goods sold…
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Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. ¥i. E. Clabke. This action was brought by Ernst Brothers, suing as partners, against John L. Hollis and his wife, Mrs. Elizabeth G. Hollis; and was commenced on the 20th August, 1887. The complaint claimed $365.91, as due by account on the 8th January, 1886, for goods, wares and merchandise sold and delivered by plaintiffs to defendants; averring that they were husband and wife at the time, that the goods sold were articles of family supply for their comfort and support, were suitable to their estate and condition in life, and…
1Opinion of the CourtStone, C. J.
The present case must be determined under our woman’s law as it existed before February 28th, 1887. — Code of 1876, §§ 2706, 2711. The purpose of the suit is to subject the corpus of the wife’s statutory separate estate, to the payment of an account alleged to have been contracted in the purchase of articles of comfort and support of the household. The defense relied on in the court below *513was, that after the debt was incurred, there was an agreement, accord and satisfaction, or compromise, by which Ernst Brothers absolved and discharged the separate property of Mrs. Hollis from all liability…
2Cases cited8 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Prater v. MillerSupreme Court of Alabama · 1854
- Early & Lane v. OwensSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- City Street Improvement Co. v. PearsonCalifornia Supreme Court · 1919
- Lauderdale County Cooperative, Inc. v. LansdellSupreme Court of Alabama · 1955
- Thompson v. HudginsSupreme Court of Alabama · 1896
- Chirstian & Daniel v. Niagara Fire InsuranceSupreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.