Connerat v. Goldsmith
Supreme Court of Georgia
Certiorari to Court of Common Pleas of Savannah. Decided by Judge Fleming. Mrs. Goldsmith, the wife of the defendant, had a considerable estate settled on her, to her sole and separate use.
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Certiorari to Court of Common Pleas of Savannah. Decided by Judge Fleming. Mrs. Goldsmith, the wife of the defendant, had a considerable estate settled on her, to her sole and separate use. On the 14th of October, 1845, she purchased of the plaintiff in error sundry articles of household furniture, amounting to the sum of $200; for which amount she gave her individual note, at twelve months, and took the following receipt: “ Received, Savannah, Oct. 14th, 1845, from Mrs. E. Goldsmith, her note for two hundred dollars, at twelve months, being in full for one sofa, one centre-table, cloth, and…
1Opinion of the Court
By the Court
Nisbet, J.
delivering the opinion.
A married woman has no authority, by virtue of the marriage, to bind her husband by her contracts. She may bind him for necessaries, and her power to do so, rests upon the idea, that her contracts for them are made with his assent, expressed or implied— so far as she can bind him, she is regarded as his agent. And when her contracts are for necessaries, suitable to her degree and condition, and she is living with her husband, she is his agent, possessed of a general and presumed authority, arising from his duty and liability to provide for her and…
2Cited by11 opinions
- Samples v. ShawCourt of Appeals of Georgia · 1933
- Butler v. GodleyCourt of Appeals of Georgia · 1935
- Adler v. MorrisonCourt of Appeals of Georgia · 1914
- Tuttle v. HoagSupreme Court of Missouri · 1870
- Herring v. HoldenCourt of Appeals of Georgia · 1953
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