Lea v. Clarksdale Bank & Trust Co.

Mississippi Supreme Court
Lea v. Clarksdale Bank & Trust Co., 72 Miss. 317 (Miss. 1894)
Woods

Lea v. Clarksdale Bank & Trust Co.

Opinion of the Court

Woods, J.,

delivered the opinion of the court.

The only reversible error in the record is to be found in the verdict and judgment against Mrs. E. L. Lea. It was perfectly known to Harris, Andrews & Co. that N. W. Lea, the husband, was controlling, managing and carrying on his wife’s plantation for and on his own account. The evidence of Har*320ris abundantly evidences this knowledge, and this knowledge exonerates the wife from liability. It was not necessary that a contract in writing between the husband and wife, declaring the character of the husband’s control and management of the wife’s plantation, should have been put to record. If those with whom the husband dealt had actual notice of the real relation of the parties, that was svifficient. The opinion of this court in Porter v. Staten, 64 Miss., 421, clearly states the proper construction of our .statute in this behalf.

The judgment against N. W. Leáis affirmed, and that agamst E. L. Lea is reversed and the cause remanded for any further proceedings desired.

Reference

Full Case Name
E. L. Lea v. Clarksdale Bank & Trust Co.
Status
Published
Syllabus
Husband and Wife. Use of wife's means. Liability for debts. Code 1892, l 2393. Section 3293, code 1S93, provides that it shall not he lawful for the hushand to rent the wife’s plantation or other property, or with any of her means to carry on business for himself, but that all business done by him with the means of the wife shall be deemed to be on her account by him as her agent, as to all persons dealing with him “without notice,” unless a written contract showing- the contrary be executed and recorded. Where one rents his wife’s plantation, and uses her means to carry on the plantation, and contracts debts with persons having notice that he is conducting the business on his own account, they cannot hold the wife liable, though there is no recorded contract. Porter v. Staten, 04 Miss., 431, cited.