Byerley v. Walker

Citations

• 118 La. 265
• 42 So. 931
• 1907 La. LEXIS 705

Syllabus

<p>1. Husband and Wife — Notes of Wife-Debt of Husband.</p> <p>Where, as an incident to an agreement made by him, the husband was to buy, on a credit, at par, certain commercial stock, worth a great deal less than par, and give his wife’s security for same, and, on the parties discovering that the wife could not legally bind herself for her husband’s debt, the sale was made to the wife, and her notes were executed for the price, secured by mortgage on her property, held, that the substitution of the wife as purchaser was a mere disguise of the real transaction, and that the notes were in reality for a debt of the husband, and in consequence null. It makes no difference that the wife was separate in property.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 26, Husband and Wife, §§ 629, 630.]</p> <p>2. Same — Action by Wife — Judgment Against Husband.</p> <p>In the absence of the husband from the suit, judgment cannot be rendered against him for the debt, nor any inquiry made into the question of title as between him and his wife.</p> <p>(Syllabus'by the Court.)</p>