Porter v. Staten

Citations

• 64 Miss. 421

Syllabus

<p>1. Husband and Wipe. Liability of latter for debts of former. Account for'plantation and family supplies. Section 1177, Code of 1880, construed and applied-Case in judgment.</p> <p>S. and his wife resided on her plantation, which he cultivated. All of the personal property used in such cultivation belonged to S. P., a merchant, . dealt with S., in ignorance of the fact that the farm belonged to the wife, furnished,S. with farm supplies, and advanced money to him and to his wife on his account. S. would ship cotton from the farm to P., who would credit the proceeds on S.’s account. No contract between S. and his wife in relation to the business of the plantation was on file, as contemplated by $ 1177, Code 1880. S. having died, P. brought an action against the wife for the balance due on the account of S. Section 1177, Code of 1880, provides that “ it shall not be lawful for the husband to rent the wife’s plantation, houses, horses, mules, wagons, carts, or other implements, and with them or any of her means to operate and carry on business in his own name or on his own account, but all the business done with the means of the wife by the husband shall be held to be on her account and for her use, and by her husband as her agent and manager in business, as to all persons dealing with him without notice, unless the contract between the husband and wife which changes this relation shall be evidenced by writing, subscribed by them, duly acknowledged, and filed with the chancery clerk of the county where such business may be done, to be recorded as other instruments are recorded therein.” Held, that the wife is, under the above-quoted statute, liable as an undisclosed principal, but her liability is limited to debts contracted in and for the purpose of carrying on the business in which her means (the plantation) were used, to wit, the planting operations, and this rule excludes supplies furnished for the support of S.’s family.</p> <p>2. Same. Account against wife for