Henry v. Hickman
Supreme Court of Alabama
Error to the Circuit Court of Tuskaloosa. Tried before tbe Hon. Thomas A. Walker. Assumpsit by Hickman against tbe plaintiffs in error, as busband and wife. Tbe declaration contains two counts; one upon a promissory note made by tbe wife during coverture, with tbe allegation that tbe consideration of tbe note was goods, wares and merchandize, furnished to the family of defendants’ as supplies, such as were suitable and adapted t,o their degree and condition in life.
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Error to the Circuit Court of Tuskaloosa. Tried before tbe Hon. Thomas A. Walker. Assumpsit by Hickman against tbe plaintiffs in error, as busband and wife. Tbe declaration contains two counts; one upon a promissory note made by tbe wife during coverture, with tbe allegation that tbe consideration of tbe note was goods, wares and merchandize, furnished to the family of defendants’ as supplies, such as were suitable and adapted t,o their degree and condition in life. The second count is for goods, wares and merchandize, sold and delivered to defendants, with tbe same allegation, that they were…
1Opinion of the CourtGibbons, J.
We think the court below erred in overruling tbe demurrer to tbe declaration. It does not show a cause of action for which the husband and wife may be sued jointly. At common law, the legal identity of the wife is merged in the busband. During coverture, and whilst living with her husband, the wife cannot contract, either in her own name, or in that of her husband, so as to bind him, without bis authority; nor has she any standing in court, either as plaintiff or defendant, on such a contract. The wife may bind *686her husband for necessaries, because the law presumes the authority and consent of…
2Cases cited2 opinions
- Executors of Livingston v. TremperNew York Supreme Court · 1814
- Walcott v. CanfieldSupreme Court of Connecticut · 1819
3Cited by7 opinions
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
- Cunningham v. FontaineSupreme Court of Alabama · 1854
- Bender v. Meyer & Co.Supreme Court of Alabama · 1876
- Pippin v. Jones & Co.Supreme Court of Alabama · 1875
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