Evans & Bright v. Henley & Carroll

Citations

• 66 Miss. 148

Syllabus

<p>1. Statute of Frauds. Agency. Code 1880, ? 1300.</p> <p>Where a wife, who is the actual partner in a mercantile firm, makes her husband her active agent and manager in the business, with authority to act for her in all matters and to the same extent as she herself might act, and he, along with her partner, is in charge of the business and carries it on, he thereby becomes an agent within the meaning of j! 1300 of the code 1880, requiring the name of the principal to be disclosed by a sign.</p> <p>2. Business Sign.</p> <p>If, in such case, the sign used contains the common or family name and fails to disclose whether it be the wife or husband who is meant, this statute will apply the name to the ostensible owner, and thus, as to the creditors of the husband, fix the ownership of the interest in the goods in him.</p> <p>3. Same. Case in judgment.</p> <p>O. A. Henley and Mrs. B. Carroll were partners in business under the firm-name, and with the sign, ‘‘ Henley & Carroll.” Pursuant to their partnership articles, Geo. L. Carroll, husband of Mrs. B. Carroll, acted as her active agent and manager, carrying on the business along with Henley, and was the ostensible partner. Held, That the statute (code 1880, § 1300) applied the name “ Carroll” in the sign to the ostensible partner, and as to creditors of Geo. L. Carroll, the goods used or acquired in the business were to be treated as the property of Henley and Geo. L. Carroll.</p>