Prudhomme v. Edens
Supreme Court of Louisiana
The husband being the head and master of the community, all contracts entered into during the marriage, trust be considered as made by him, and for his advantage, whether made in his own name, or in the names of both husband and wife. C. C. 2373, 2372, 2373. This presumption can only be destroyed by positive proof that the consideration of the contract enured to the separate advantage of the wife.
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The husband being the head and master of the community, all contracts entered into during the marriage, trust be considered as made by him, and for his advantage, whether made in his own name, or in the names of both husband and wife. C. C. 2373, 2372, 2373. This presumption can only be destroyed by positive proof that the consideration of the contract enured to the separate advantage of the wife. The acknowledgment made by the wife in the instrument itself, cannot avail the creditor. Appeal from the Probate Court of Natchitoches, Greneause, J. The acknowledgment in the note relieved the…
1Opinion of the CourtMorphy, J.
The plaintiff seeks to recover a judgment against the succession of the late Melanie Louis Perot, on a note drawn by her, in solido, with her husband, Louis S. Perot, to the order of the plaintiff, in which note she acknowledged that the consideration for which it was given enured to her own separate and individual advantage and benefit. The defence set up by the administrator was, that the estate was not liable for this note, and he denied, that the sum for which it was given was applied to the use, or was at all beneficial to the deceased; averring that her husband was alone benefited by…
2Cited by6 opinions
- Pool v. GaudinSupreme Court of Louisiana · 1945
- Vidrine v. American Employers Ins. Co.Louisiana Court of Appeal · 1961
- Mayville Canal Co. v. Lake Arthur Rice Milling Co.Supreme Court of Louisiana · 1907
- Comire v. Schiro Amusement Co.Louisiana Court of Appeal · 1927
- Day v. GoffLouisiana Court of Appeal · 1925
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