Schoolfield v. Wilkings

Citations

• 60 Miss. 238

Syllabus

<p>Business Sion. Failure to post up. Sect. 1300, Code 1880. Case in judgment_</p> <p>Sect. 1300 of the Code of 1880 provides that, “ If any person shall transact business as a trader, or otherwise, with the addition of the words ‘agent,’ or ‘factor,’ ‘and company,’ or ‘and Co.,’ or like words, and fail to disclose the name of his principal, or partner, by a sign, or letters easy to be read, placed conspicuously at the house where such business is transacted, or if any person shall transact business in his own name, without any such addition, all the property, stock, money, and choses in action, used or acquired in such business shall, as to the creditors of such person, be liable for his debts, and be in all respects treated in favor of his creditors as his property.” Where a married woman is doing a mercantile business in her own name and with her own means, though it be conducted by her husband, as her agent, clerk, and employee, the statute above quoted does not render the stock of goods liable for the debts of her husband, because of the failure to put up a sign or letters disclosing the ownership of the business, it having no application in such case except to make all the property embarked in the business hers, as to her creditors, though, in fact, it may belong to another.</p>