Hamblet v. Steen

Citations

• 65 Miss. 474

Syllabus

<p>Transacting Business. Liability far debts of agent or manager. Section 1300, Code of 18S0, applied. Case in judgment.</p> <p>B., the wife of T., owned the personal property used in carrying on a general livery stable business; the lease of the building was in her name; the license to carry on such business was taken out in her name, and was posted in the office of the stable; the books were kept and accounts made out in her name. T., the husband, conducted the business, and was usually at the stable superintending and managing it, and was shown to have given two orders for the payment of dues to the stable proprietor, signing his own name thereto. There was an advertisement, in the village paper, of the stable as “ Carr’s Stable,” managed by T. The only sign at the stable was “Carr’s Stable.” T. spoke of the business and property as his, and apparently acted as proprietor. Some persons were aware that the wife owned the property; while others were led to con-elude, from what they saw, that the husband was the owner. Held, that in such circumstances the property became liable for the debts of T., under Section 1300, Code of 1880, which provides that “if any person shall transact business in his own name, all the property used or acquired in such business” shall be liable for his debts. Arnold, C. J., dissented.</p>