Adler v. Morrison
Court of Appeals of Georgia
Appeal; from Wheeler superior court—Judge Graham. October 28, 1913. Leopold Adler sued Dr. M. Morrison in a justice’s court, on an open account for articles of dress furnished on November 21, 1907, to the defendant’s wife, amounting to $81.42. The defendant filed a plea denying indebtedness, and denying that he had authorized the purchase of the goods. The trial of the ease, on appeal, in the superior court resulted in a verdict for the defendant.
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Appeal; from Wheeler superior court—Judge Graham. October 28, 1913. Leopold Adler sued Dr. M. Morrison in a justice’s court, on an open account for articles of dress furnished on November 21, 1907, to the defendant’s wife, amounting to $81.42. The defendant filed a plea denying indebtedness, and denying that he had authorized the purchase of the goods. The trial of the ease, on appeal, in the superior court resulted in a verdict for the defendant. The plaintiff moved for a new trial, alleging that the verdict was. contrary to law and to the evidence; and the ease came to this court on…
1Opinion of the CourtWade, J.
1. The consent of a husband to the wife’s agency for him in purchases of necessaries for herself and her minor children, suitable to the condition and station of the family, is to be presumed (Civil Code. § 2996) ; and this presumption can only be rebutted by positive and unequivocal evidence that the articles furnished were not necessaries, or that the seller had either actual or constructive notice of an allowance *140to the wife by the husband, either permanent or temporary, sufficient to enable her to procure necessaries without obtaining them upon her husband’s credit.
Decided September 11,…
2Cases cited5 opinions
- Rushing v. ClancySupreme Court of Georgia · 1894
- Tompkins v. CorrySupreme Court of Georgia · 1853
- Connerat v. GoldsmithSupreme Court of Georgia · 1849
- Sulter v. MustinSupreme Court of Georgia · 1873
- Cowart v. Epstein & BrotherSupreme Court of Georgia · 1897
3Cited by7 opinions
- Manley v. Chamberlin-Johnson-Dubose Co.Court of Appeals of Georgia · 1930
- Alexander v. Duffee-Freeman Furniture Co.Court of Appeals of Georgia · 1935
- Bryan v. Rich's, Inc.Court of Appeals of Georgia · 1970
- Frankel v. Davison-Paxon Co.Court of Appeals of Georgia · 1935
- Robinson v. McCommons, Thompson, Boswell Co.Court of Appeals of Georgia · 1919
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