Bergh v. Warner
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe municipal court of St. Paul, refusing a new trial after a trial by the court and judgment ordered for defendant. The action was for the price ($65) of a pair of diamond ear-rings purchased by defendant's wife, and for repairs of jewelry amounting to $6.50.
1Opinion of the Court
Mitchell, .1.
It is sought in this action to hold the defendant liable for debts contracted by his wife during coverture and cohabitation. The first cause of action is for the price of a pair of diamond ear-rings, purchased by the wife for her own use; the second is for a small sum for repairing certain articles of her jewelry. The wife has, by virtue of the marriage relation alone, no authority to bind her husband by contracts of a general nature. She may, however, be his agent, and, as such, bind him. This agency is frequently spoken of as being of two kinds — First, that which the law…
2Cases cited2 opinions
- Wagner v. NagelSupreme Court of Minnesota · 1885
- Flynn v. MessengerSupreme Court of Minnesota · 1881
3Cited by35 opinions
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Wagner v. LawWashington Supreme Court · 1892
- McAvoy v. JenningsWashington Supreme Court · 1906
- Mickel v. WalravenSupreme Court of Iowa · 1894
- Gorco Construction Co. v. SteinSupreme Court of Minnesota · 1959
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