Greene v. Ballard

• Decision Date: 31 August 1932
• Docket Number: No. 22326.,22326.
• Citation: 165 S.E. 309,45 Ga.App. 509
• Parties: GREENE. v. BALLARD et al.
• Court: Georgia Court of Appeals

45 Ga.App. 509

165 S.E. 309

GREENE.

v.BALLARD et al.

No. 22326.

Court of Appeals of Georgia, Division No. 1.

Aug. 31, 1932.

Syllabus by Editorial Staff.

Error from Superior Court, Morgan County; James B. Park, Judge.

Proceeding by D. F. Greene against Pauline Ballard and others, executors. To review a judgment of nonsuit, plaintiff brings error.

Affirmed.

E. H. George, of Madison, for plaintiff in error.

Foster & Lewis, of Madison, for defendants in error.

Syllabus Opinion by the Court.

BROYLES, C. J.

1. The items of the suit stricken on special demurrers were, as a matter of law, not legal charges against the estate involved, and those demurrers were properly sustained.

2. "While a married woman has such contractual ability that she can make a special contract to pay for necessaries furnished to her, still where it does not affirmatively appear that she has so contracted, and it merely appears that the necessaries were furnished, it is to be presumed that she contracted for them in the right of her general agency for her husband, and that he, and not she, is liable for them." Wrlghtsville & Tennille R. Co. v. Vaughan, 9 Ga. App. 371, 378, 379, 71 S. E. 691, 695; Civil Code 1910, §§ 2996, 2997; Freeman v. Holmes, 62 Ga. 557; Rushing v. Clancy, 92 Ga. 769, 19 S. E. 711. Applying the principle of the foregoing ruling to the facts of the instant case, the estate of the deceased mother of the plaintiff was not liable for the necessaries furnished the mother during her last illness, and the court did not err in awarding a nonsuit.

Judgment affirmed.

LUKE and HOOPER, JJ., concur.