Young v. Pollak & Co.
Supreme Court of Alabama
Appeal from tlie City Court of Montgomery. Tried before tbe Hon. Thos. M. Arrington. These two cases were argued and submitted together, involving the same principles, and depending substantially on the same facts. In each case, the plaintiffs were merchants in the city of Montgomery, suing on the common counts for goods sold and delivered to Mrs. Efiie Young, the defendant, who was a married woman.
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Appeal from tlie City Court of Montgomery. Tried before tbe Hon. Thos. M. Arrington. These two cases were argued and submitted together, involving the same principles, and depending substantially on the same facts. In each case, the plaintiffs were merchants in the city of Montgomery, suing on the common counts for goods sold and delivered to Mrs. Efiie Young, the defendant, who was a married woman. The action by Poliak & Co. was commenced on July 18, 1887, claiming $408.10, for goods sold in December, 1886, and in February and March, 1887; and that of Goetter, Weil & Co. was commenced on the…
1Opinion of the CourtStone, C. J.
Before the enactment of any of our statutes securing to married women their separate estates, it was settled by several decisions of this court, that if a husband abandon his wife, and abjure or remove from the State (or reside out of the State), and she engage in trade in her own name, her contracts are binding on her, and she *444may sue or be sued as a feme sole. — Arthur v. Broadnax, 3 Ala. 557; James v. Stewart, 9 Ala. 855; Mead v. Hughes, 15 Ala. 141; Roland v. Logan, 18 Ala. 309. We regard this principle as equally a sword and a shield for wives thus circumstanced, and have no wish to…
2Cases cited5 opinions
- Merrill's Heirs v. MorrissettSupreme Court of Alabama · 1884
- Arthur v. BroadnaxSupreme Court of Alabama · 1842
- Mead v. Hughes's AdministratorSupreme Court of Alabama · 1849
- James v. StewartSupreme Court of Alabama · 1846
- Wood v. FortSupreme Court of Alabama · 1868
3Cited by19 opinions
- Hadnott v. AmosDistrict Court, M.D. Alabama · 1970
- Mitchell v. KinneySupreme Court of Alabama · 1942
- Holmes v. HolmesSupreme Court of Alabama · 1925
- Pope v. HowleSupreme Court of Alabama · 1933
- Caheen v. CaheenSupreme Court of Alabama · 1937
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