Brown v. Thomson

Citations

• 31 S.C. 436
• 10 S.E. 95
• 1889 S.C. LEXIS 51

Syllabus

<p>1. A married woman may manage her separate estate through her husband or other person as agent, and for articles purchased by such agent for the use of her separate estate, she is liable.</p> <p>2. Where a married woman represents as a fact that she is purchasing articles or borrowing money for the use of her separate estate, and her creditor does not know to the contrary, she will be afterwards estopped from denying the truth of such representation. The burden is on the creditor to show that the contract of the married woman related to her separate property ; but after proof of such representation, the burden shifts, and the married woman must .show that the creditor knew that her representation was not true.</p> <p>3. Where a married woman by letter informs a merchant that she owns a valuable plantation, with a promising crop thereon, and asks for credit, saying she will charge her tenants the same prices that are charged her, and that she will settle in the fall for all goods purchased, her letter amounts to a representation that articles thereafter purchased by her would be for the use of her separate estate.</p> <p>4. This court has no jurisdiction to review the refusal of a Circuit Judge to grant a new trial, or a new trial nisi, moved for upon the ground that the verdict of the jury was not supported by the evidence.</p> <p>5. Where the verdict must depend upon the view taken by the jury of the evidence, the trial judge has no right to direct a verdict; and not having directed a verdict, it cannot be said in such case that the verdict was contrary to the charge of the judge.</p>