Jones v. Joel Gutman & Co.

Citations

• 88 Md. 355
• 41 A. 792
• 1898 Md. LEXIS 208

Syllabus

<p>Husband and Wife — Power of Wife to Pledge her Husband's Credit — Agency of Wife.</p> <p>If a husband neglects to supply his- wife with necessaries or with the means of procuring them, she is authorized to pledge his credit with third parties therefor.</p> <p>But when husband and wife are living together and she is properly maintained, she has no implied authority in law to pledge her husband’s credit. Whether she has actual authority to do so depends upon the facts of each case, and should be submitted to the jury.</p> <p>A husband is liable for goods sold to his wife on his credit when the purchase is made by her with his authority and consent, or when he afterwards approves or acquiesces therein.</p> <p>When a husband authorizes his wife to purchase goods from a particular tradesman, who is prepared to satisfy all her reasonable wants, she is not empowered to pledge his credit for goods bought from another tradesman, without his knowledge, and he is not liable for purchases so made unless he subsequently approved of the same. Whether there was such approval is a question for the juiy.</p> <p>If a party selling goods to a married woman gives credit to her alone, he cannot hold her husband liable therefor.</p>