Harris v. Robson

Citations

• 68 Miss. 506

Syllabus

<p>Code 1880, § 1300. Transacting business. Sign Claimant’s issue. Instruction.</p> <p>On trial of a claim interposed by a wife for goods levied on in a store under execution against her liusband, who she contends was merely her clerk in carrying on the business — there being no sign except “ Alliance Store”— it is error to instruct that the goods are liable, if he “ conducted” the business with no oth er sign. The error is in assuming that by conducting it, he “ transacted business in his own name;’’ or in announcing that conducting business, though in the wife’s name, without a sign other than that stated, subjected the goods used to his debts under § 1300, code 1880. Quinn v. Myles, 59 Miss. 375 ; Schoolfield v. Wilkings, 60 lb. 238.</p>