Gafford v. Dunham
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkérson. The facts of the case are sufficiently stated in the opinion. 1. The fact that the goods, though necessaries, were furnished to the wife and charged to her, is sufficient to show, prima facie, that the credit was given to her and not to her husband, and he is not liable. — Pearson v. Barrington, 32 Ala. 227; Tyler on In. and Covdpp. 342 and 358; see also 2 Kent 146; 2 Bright, Husband and Wife,…
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkérson. The facts of the case are sufficiently stated in the opinion. 1. The fact that the goods, though necessaries, were furnished to the wife and charged to her, is sufficient to show, prima facie, that the credit was given to her and not to her husband, and he is not liable. — Pearson v. Barrington, 32 Ala. 227; Tyler on In. and Covdpp. 342 and 358; see also 2 Kent 146; 2 Bright, Husband and Wife, 17; 0’Conner v. Chamberlain, 59 Ala. 431 ; 1 Bishop on Marriage and Divorce and Sep., §§ 1D6-1188 ; 3 Wait’s Act. and…
1Opinion of the CourtColeman, J.
F. W. Dunham sued the appellant, F. H. Gafford, and his wife, M. B. Gafford, upon an account for groceries and’ supplies alleged to have been sold by one Boggan, the assignor of plaintiff. The uncontrovertecl evidence shows that the articles were sold to, and upon the sole credit of M. B. Gafford. The contraer for their purchase was made with her only, and all payments which had been credited upon the account were made by her. The articles were charged to her, •and the name of F. H. Gafford no where appears upon' the books of account, nor is it pretended that at any time was he regarded as…
2Cases cited4 opinions
- O'Connor v. ChamberlainSupreme Court of Alabama · 1877
- Strauss Pritz & Co. v. GlassSupreme Court of Alabama · 1895
- Gayle's Adm'r v. MarshallSupreme Court of Alabama · 1881
- Hughes v. ChadwickSupreme Court of Alabama · 1844
3Cited by10 opinions
- Frazier v. FrazierSupreme Court of Alabama · 1961
- Ponder v. Morris & Bros.Supreme Court of Alabama · 1907
- Crosby v. A. Harris Co.Court of Appeals of Texas · 1921
- Colonna v. KrugerCourt of Appeals of Texas · 1922
- McMillan v. FabrettaSupreme Court of Alabama · 1935
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