Gross v. Pigg

Citations

• 73 Miss. 286

Syllabus

<p>1. Husband and Wife. Wife’s plantation controlled by husband. Supplies furnished to husband. Liability of wife. Code 1892, § 2293.</p> <p>Section 2293, code 1892, provides that it shall not be lawful for the husband to rent the wife’s plantation, houses, horses, mules, waggons, carts or other implements, and with them, or with any of her means, to operate and carry on business in his own name and on his own account, but all business done with the means of the wife by the husband shall be deemed and held to be on her account and for her use, and by the husband as her agent and manager in business, as to all persons dealing with him “without notice,” unless a written contract to the contrary be executed and recorded. The wife is liable, under this statute, for supplies sold to the husband, where the only definite evidence on the subject shows that, during- the year in which the supplies were furnished, he took control of the plantation owned by her, managed it, made crops on it and bought supplies for it, without any contract or agreement with her in reg-ard to the matter; and it is error to instruct the jury, in such case, that they should find for the defendant, if the plantation was cultivated by the husband on his own account to the knowledge of the creditor, there being- no evidence to sustain the charg-e.</p> <p>2. Same. Notice of contract. Husband’s statutory agency. Liability of wife for all pu/rchases witlwn same.</p> <p>Where the husband operates and controls the plantation of the wife, and the creditor who furnishes him with supplies to carry on the business thereof is without notice of any contract between the husband and the wife whereby the relation of agency thus created is changed, the wife will be liable, under the above statute, for all supplies purchased by him within the scope of such agency, although some of them may have been family supplies, and not devoted to the business transacted by him as her agent; and it is error, in such case, to inst