Wright v. Strauss & Co.
Supreme Court of Alabama
Appeal from Greene Circuit Oourt. Tried before Hon. Wm. S. Murra. This was an action under the statute by Strauss & Go. against John Y. Wright and Georgia H. Wright, his wife, to subject certain lands situate in said county, particularly described in the eompl'aint, and belonging to Mrs. Wright as her statutory separate estate, to sale for the payment of an account for goods, wares and merchandise, alleged to have been articles of comfort and support of defendants’…
Read the full summary
Appeal from Greene Circuit Oourt. Tried before Hon. Wm. S. Murra. This was an action under the statute by Strauss & Go. against John Y. Wright and Georgia H. Wright, his wife, to subject certain lands situate in said county, particularly described in the eompl'aint, and belonging to Mrs. Wright as her statutory separate estate, to sale for the payment of an account for goods, wares and merchandise, alleged to have been articles of comfort and support of defendants’ household, etc.; and'was commenced on 6th December, 1880. The defendants being nonresidents of this State, residing in Tennessee,…
1Opinion of the CourtBrickell, C. J.
— 1. The sale was complete within this State, though in pursuance of instruction the goods were sent to the domicil of the husband and wife in Tennessee. The title to the goods passed by the sale; and the risk of accidents in the course of transportation to the domicil of the buyers was their risk, and not that of the sellers.
Every contract for articles of comfort and support of the household, suitable to the degree and condition in life of the family, of itself, by force of the statute, creates for. its payment a prima facie liability upon the statutory' separate estate of the wife; as by…
2Cases cited10 opinions
- Jones v. JonesSupreme Court of Alabama · 1850
- Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
- Ravisies v. Stoddart & Co.Supreme Court of Alabama · 1858
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Huff v. CrawfordTexas Supreme Court · 1895
- George Dedmon v. Falls Products IncorporatedCourt of Appeals for the Fifth Circuit · 1962
- Holley v. CoffeeSupreme Court of Alabama · 1898
- Steen v. SwadleySupreme Court of Alabama · 1899
- Stevenson v. AndersonSupreme Court of Alabama · 1888
5 more not listed; retrieve them via the Exa API.