Legal Opinion

Applegate v. Taylor

Mississippi Supreme Court

Decided April 15, 1879Published

Error to the Circuit Court of Hinds County. Hon. S. S. CalhooN, Judge. Taylor had a contract to build an addition to the Lunatic Asylum. McLaughlin, who was a plasterer, applied for the contract to do the plastering, and Taylor agreed to give him the job, but required him to execute a bond, with security, for the faithful performance of the work.' The bond was prepared with McLaughlin’s name in the body thereof, as principal.

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Error to the Circuit Court of Hinds County. Hon. S. S. CalhooN, Judge. Taylor had a contract to build an addition to the Lunatic Asylum. McLaughlin, who was a plasterer, applied for the contract to do the plastering, and Taylor agreed to give him the job, but required him to execute a bond, with security, for the faithful performance of the work.' The bond was prepared with McLaughlin’s name in the body thereof, as principal. McLaughlin, accompanied by Taylor, applied to Odeneal to become the surety on the bond. Odeneal declined to become his surety. McLaughlin was utterly insolvent.…

1Opinion of the CourtCampbell, J.

The garnishee was the debtor of Mrs. McLaughlin, and not of her husband, because it was on her credit and by her means that the contract was made and performed; and, although her husband did part of the work, and directed all of it, that did not deprive her of her right to claim pay for the performance of the contract she had made,, and given security to perform, and *688which, but for her, would not have been made, and which was fulfilled chiefly by her credit and means. Hamilton v. Booth, 55 Miss. 60.

Judgment affirmed.

2Cases cited1 opinion

  1. Hamilton v. BoothMississippi Supreme Court · 1877

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