Evans & Bright v. Henley & Carroll
Evans & Bright v. Henley & Carroll
Opinion of the Court
delivered the opinion of the court.
Under the facts disclosed by the record, George E. Carroll was not a mere clerk of the firm of Henley & Carroll. By the articles of partnership, signed by Henley, Mrs. Carroll and himself, he was
By the very terms of the articles of partnership he was to transact business as the agent and representative of his wife, was her alter ego, vested with full power to do whatever she might do in reference to the business of the firm. Under such circumstances it was the duty of the principal (or of her agent) to display upon a sign at the place of business the name of the true owner, failing in which, as to the creditors of the husband, the property used or acquired in the business is to be treated as the property of the persons by whom the business was ostensibly transacted, viz. : of the firm of Henley & Carroll, composed of Henley and George L. Cara’oll. True it is that the sign displayed was that of the firm, “ Henley & Carroll,” and that the name Carroll might be applied either to George L. Carroll or to his wife, Brodie Carroll. But under the circumstances disclosed, the statute applies the name to the ostensible owner, to him who transacts the business, unless a sign displayed “ discloses the name of his principal or partner, in letters easy to be read.” Gumbel v. Koon, 59 Miss. 264; Wolfe & Marks v. Kahn, 62 Miss. 814; Hamblet v. Steen, 65 Miss. 474.
The judgment is reversed.
Reference
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- 1. Statute of Frauds. Agency. Code 1880, ? 1300. Where a wife, who is the actual partner in a mercantile firm, makes her husband her active agent and manager in the business, with authority to act for her in all matters and to the same extent as she herself might act, and he, along with her partner, is in charge of the business and carries it on, he thereby becomes an agent within the meaning of j! 1300 of the code 1880, requiring the name of the principal to be disclosed by a sign. 2. Business Sign. If, in such case, the sign used contains the common or family name and fails to disclose whether it be the wife or husband who is meant, this statute will apply the name to the ostensible owner, and thus, as to the creditors of the husband, fix the ownership of the interest in the goods in him. 3. Same. Case in judgment. O. A. Henley and Mrs. B. Carroll were partners in business under the firm-name, and with the sign, ‘‘ Henley & Carroll.” Pursuant to their partnership articles, Geo. L. Carroll, husband of Mrs. B. Carroll, acted as her active agent and manager, carrying on the business along with Henley, and was the ostensible partner. Held, That the statute (code 1880, § 1300) applied the name “ Carroll” in the sign to the ostensible partner, and as to creditors of Geo. L. Carroll, the goods used or acquired in the business were to be treated as the property of Henley and Geo. L. Carroll.