Dunbar v. Meyer, Deutch & Co.

Citations

• 43 Miss. 679

Syllabus

<p>1. Married Women — Separate Property. — The subject of contracts referred in Revised Code, page 336, articles 24 and 25, have reference to married women who have separate property; and for the liabilities enumerated in the latter article, satisfaction may be had out of the wife’s separate property.</p> <p>2. Husband’s Liability. — If the wife have separate property, the husband is not liable for debts contracted by her; but if she have none, his responsibilities for helare as at common law.</p> <p>S. Wipe’s Power to Contract — Status at Common Law. — The acts of 1839 and amendments of 1846 and 1857 are enabling statutes, conferring power on the feme covert to make the engagements therein enumerated. As to any contracts not authorized by statute, she remains under the common law disability. As a condition to her ability to contract within the purview of the statute, she must be the owner Of separate estate.</p> <p>4. Pleadings — Averments.—The plaintiff must set out in his pleadings the special circumstances that authorize a married woman by our laws to make a binding contract. It must appear of record, in some form or other, that all the necessary facts are present to make the promise binding on the wife.</p> <p>5. Husband's Liability. — The liability of the husband for necessaries for his wife grows out of the marital relations, andis a consequence of the obligations assumed by him on marriage, that he will supply the wife with all necessaries convenient and suitable to their station in life. Nor will the infancy of the husband exempt him from these obligations. If the husbandneglects to provide these necessaries, the wife may purchase, and the husband, though she dissent, shall be liable therefor.</p> <p>6. Implied Power oe the Wiee__Although the wife possesses no original inherent power to bind her husband, yet from the facts of cohabitation, and the goods being consumed in his family, the assent of the husband will be presumed; and if he omits to furnish the