Rubenstein v. Lynchburg Shoe Co.

Citations

• 125 Miss. 528
• 88 So. 14

Syllabus

<p>Fba'odtji.ent Conveyances. Conduct of business by bankrupt’s wife with husband as manager without sign on building held not a violation of the Sign Statute.</p> <p>Where a shoe company sells to a customer a hill oí shoes and such customer is adjudged a bankrupt and the trustee in bankruptcy sells the stock of goods, including the shoes, to a firm bidding thereon, for cash, and the money is paid, and such bidder then . sells the stock of goods to the wife of the bankrupt, taking her notes therefor, and where she opens a business in her own name, in which business her husband is made manager, but buys and and sells in her name and pays out of her funds, no goods being bought in the husband’s credit or with his means, the failure to have a sign on the building where the business is conducted does not make a case under the sign statute (section 4784, Code - of MOB; Hemingway’s Code section 3128), and it is error under such facts to grant a peremptory instruction, for the judgment creditor of the husband on the theory that the sign statutes is applicable.</p>