Applegate v. Taylor

Citations

• 56 Miss. 685

Syllabus

<p>Husband and Wbm. Ser contract. Executed by him. The earnings hers.</p> <p>M., a plasterer, made an agreement to do some plastering for T., a contractor; but the latter required a bond for the faithful performance of the work, and M., being insolvent, could not give it. Mrs. M., who owned separate property, then executed a bond, with a good surety, for the performance of the work; and it recited that the contract was made between her and T. The surety on the bond furnished the money, on Mrs. M.’s credit, necessary in the performance of the work. But the work was done under M.’s directions, and a considerable portion of it by Mm in person. His wife did nothing in connection with it. M.’s creditors garnisheed T. as his debtor. Held, that T. is the debtor of Mrs. M., and not of her husband, because it was on her credit and by her means that the contract was made and performed.</p>