Wallace & Co. v. Finberg

Citations

• 46 Tex. 35

Syllabus

<p>1. Harried woman’s liability on note.—If the wife join her husband in the execution of a note for goods purchased for the wife, to replenish a stock of goods that were the separate property of the wife, such purchase would not be for the benefit of the wife’s separate property in contemplation of the statute, so as to make her liable on the note.</p> <p>2. Liability of married women—Partnership.—The wife cannot be made liable as a partner, to pay a debt contracted in the purchase of goods, to replenish a stock of goods bought by the husband with the wife’s separate means.</p> <p>3. Husband and wife—Partnership.—Notwithstanding the bus-band and wife may assume to act as mercantile partners in trade, . and the merchants with whom they deal in the purchase of goods may so- recognize them in their dealings, and the attorneys who bring suits on contracts made by them in such dealings may bring or defend suits against them substantially as partners,—it is the duty of the courts, in adjudicating their liabilities, to repudiate the existence of such a relation between man and wife.</p> <p>4. Attachment—Husband and wife.—In suit by attachment, when the wife’s separate property is seized to secure a note made by the .husband and wife, but on which the wife is not liable, she may recover the property, as any person might whose property had been illegally attached for the debt of another, by bringing suit or setting up her claim by cross-bill, under leave of the court, in the pending suit to which she had been made a party; and this she can do in her own name if her husband refuse to join her.</p> <p>■ 5. Damages in attachment suit.—A defendant in attachment, whose goods have been seized under an attachment wrongfully sued out, is entitled to recover back all the goods not necessary to satisfy the debt, or their value if sold, together with compensation for their detention, which would ordinarily he legal interest upon the value of the whole of the property seized from the t