Allen v. Fuller
| Citation | 118 Mass. 402 |
| Court | United States State Supreme Judicial Court of Massachusetts |
| Decision Date | 23 September 1875 |
| Parties | William H. Allen & another v. Lydia A. Fuller & another |
Franklin. Contract on two promissory notes, signed by the female defendant as principal, and Joseph N. Fuller, her husband, as surety. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions in substance as follows:
The defendant Joseph N. Fuller was defaulted. There was evidence tending to show that the goods sold, for which these notes were given, were sold on the sole credit of Lydia A. Fuller, wife of Joseph N. Fuller. There was also evidence tending to show that the goods were sold and delivered to the husband on his sole credit, the same being charged to him on the plaintiff's books, and that the wife, Lydia A., received no benefit fro the goods sold, and none of the avails thereof came to her use.
Upon the whole evidence, the judge found as a fact that the goods were sold to the wife on her sole credit, and ruled that she was liable therefor, although she received no benefit therefrom, and they were not used on her estate, and found for the plaintiff; and the defendant Lydia A. alleged exceptions to said ruling.
Exceptions overruled.
A. Brainard, for the defendant.
A. De. Wolf, for the plaintiffs.
Evidence that the goods were charged to the husband on the plaintiff's books was not conclusive that they were sold to him. James v. Spaulding, 4 Gray 451. The judge below, having found as a fact that the goods were sold to the wife and on her credit, rightly ruled as matter of law that she was liable therefor. Spaulding v. Day, 10 Allen 96. Labaree v. Colby, 99 Mass. 559. Wilder v. Richie, 117 Mass. 382.
Exceptions overruled.
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