Ridley v. Knox
Massachusetts Supreme Judicial Court
Contract on an account annexed, for goods sold and delivered. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The evidence in the case showed that the defendants were husband and wife; that they resided in Springfield, in this Commonwealth, in 1878; that the wife was then doing a millinery business on her separate account, in Springfield; that no certificate of this fact was then filed in the city clerk’s office of…
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Contract on an account annexed, for goods sold and delivered. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The evidence in the case showed that the defendants were husband and wife; that they resided in Springfield, in this Commonwealth, in 1878; that the wife was then doing a millinery business on her separate account, in Springfield; that no certificate of this fact was then filed in the city clerk’s office of Springfield, as required by statute; that she went to the plaintiff’s place of business in the city of Hew York, and…
1Opinion of the CourtHolmes, J.
The St. of 1862, a. 198, wnich requires a married woman, proposing to do business on.her separate account, to file a certificate as therein provided, enacts, in § 2, that, if no such certificate shall be filed by the married woman or her husband, the husband shall be liable upon “ all contracts lawfully made in the prosecution of such business.” The court is of opinion that these words apply to purchases made in the prosecution of a business carried on in this Commonwealth by parties domiciled here, even if they are made by the married woman outside the State, and contemplate payment at the…
2Cases cited1 opinion
- Feran v. RudolphsenMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Hughes v. GrossMassachusetts Supreme Judicial Court · 1896
- Browning v. CarsonMassachusetts Supreme Judicial Court · 1895
- Mooney v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1904
- Franklin Land, Mill & Water Co. v. CardSupreme Judicial Court of Maine · 1892