Harmon v. Magee
Mississippi Supreme Court
Appeal from tbe Chancery Court of Lincoln County. Hon. Thomas Y. Berry, Chancellor. 1. Under the rule established by numerous decisions of this court, no liability attaches to the appellant’s separate estate for the money which her husband used in his business. The income is not chargeable because the complainant has failed to allege or prove that the note was signed by the husband, or that the trust-deed was executed to secure his debt.
Read the full summary
Appeal from tbe Chancery Court of Lincoln County. Hon. Thomas Y. Berry, Chancellor. 1. Under the rule established by numerous decisions of this court, no liability attaches to the appellant’s separate estate for the money which her husband used in his business. The income is not chargeable because the complainant has failed to allege or prove that the note was signed by the husband, or that the trust-deed was executed to secure his debt. The case is rested in the pleadings and proof upon the ground that the money was loaned to the wife in order that she might purchase necessaries. Under a…
1Opinion of the CourtChalmers, J.
Mrs. Harmon, through her husband, borrowed of Magee one hundred and fifty dollars and executed a note for one hundred and ninety dollars, the excess consisting of usury embodied in the face of the note. Whether the note was signed by the husband does not appear, but both husband and wife joined in a mortgage upon the wife’s realty to secure it. The husband represented to the lender that the money was intended for the purchase of family supplies and necessaries, but it was used if not borrowed by him for his own business. Magee subsequently paid taxes on the property to the amount of forty or…
2Cases cited7 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Jacks v. BridewellMississippi Supreme Court · 1876
- Johnston ex rel. Smith v. WallaceMississippi Supreme Court · 1876
- Potts v. PlaistedMichigan Supreme Court · 1874
- Willis v. GattmanMississippi Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mills v. Damson Oil Corp.Court of Appeals for the Fifth Circuit · 1982
- Smith v. TimNew York Court of Common Pleas · 1884
- Strickland v. WebbMississippi Supreme Court · 1928
- Butler v. ButlerSupreme Court of North Carolina · 1915
- James v. Tax Investment Co.Mississippi Supreme Court · 1949
1 more not listed; retrieve them via the Exa API.