M. M. Sanders & Son v. Schilling

Citations

• 123 La. 1009
• 49 So. 689
• 1909 La. LEXIS 814

Syllabus

<p>1. Logs and Logging (§ 3*) — Sale oe Tim-bee Contract — In Witat State Made.</p> <p>The complaining partnership was not a partnership formed in this state.</p> <p>The members of the partnership removed to this state.</p> <p>The contract between- plaintiffs and defendants, which plaintiffs alleged was breached, was a Louisiana contract.</p> <p>The defendant pleaded that the plaintiff corporation was null. It was null under the laws of this state. The evidence does not meet the charge that it was absolutely null at the place of the original domicile.</p> <p>[Ed. Note. — Eor other cases, see Logs and Logging, Dec Dig. § 3.*]</p> <p>2. Minors — Persons Who May be Partners.</p> <p>The mother could not form a partnership with her son, a minor.</p> <p>[Ed. Note. — For other cases, see Infants, Cent. Dig. §§ 130-134; Dec. Dig. § 54.*]</p> <p>3. Minors — Married Women — Judgment-Collateral Attack.</p> <p>Contracts with married women unauthorized, and contracts with minors, may be deemed null in a collateral action.</p> <p>[Ed. Note. — For other cases, see Infants, Cent. Dig. § 320; Dec. Dig. § 112.*]</p> <p>4. Husband and Wife (§ 203*) — Actions by Wife.</p> <p>The husband’s authorization of his wife to institute a suit must appear of record.</p> <p>[Ed. Note. — For other cases, see Husband and Wife, Dec. Dig. § 203.*]</p> <p>5. Husband and Wife (§ 223*) — Actions by Wife — Death.</p> <p>At the dissolution of the marriage by the death of the wife, the husband, without having been qualified to represent the succession, cannot continue the suit instituted by her by asking to be made a party.</p> <p>It was also necessary for him to qualify as tutor of his minor son, who was a member of the partnership.</p> <p>Plaintiffs have a right to a return of their property or to a reimbursement therefor.</p> <p>This judgment must be demanded by persons authorized to sue and stand in judgment. ■</p> <p>[Ed. Note. — For other eases, see Husband and Wife, Dec. Dig. § 223.*]</p> <p>(Syllab