Rivers v. Eastman Cotton Oil Co.

• Decision Date: 09 February 1931
• Docket Number: 29179
• Citation: 159 Miss. 361,132 So. 327
• Court: Mississippi Supreme Court
• Parties: RIVERS v. EASTMAN COTTON OIL CO

132 So. 327

159 Miss. 361

RIVERS v. EASTMAN COTTON OIL CO

No. 29179

Supreme Court of Mississippi

February 9, 1931

Division B

Suggestion Of Error Overruled, March 9, 1931.

APPEAL from circuit court of Quitman county, HON. W. A. ALCORN, JR. Judge.

Action by the Eastman Cotton Oil Company against Mrs. M. W. Rivers. Judgment for plaintiff, and defendant appeals. Affirmed.

Affirmed.

Boone & Lowrey, of Marks, for appellant.

Money does not fall within the category of supplies.

Section 1943 of the Code of 1930 does not prohibit the wife from making the husband her agent, and when so doing it would not make her liable for any debts contracted by her agent unauthorized or beyond the scope of his duty. This case does not fall within the purview of said section but should be decided upon the general law of agency.

The money borrowed from appellee by B. D. Rivers was not authorized by appellant, was not within the purview of the authority of B. D. Rivers as agent for appellant, and there is no proof that the money was used in or about the appellant's business, and she is not liable therefor. A plantation manager hasn't the right to borrow money and bind his principal, and the fact that the agent in this case was the husband of appellant does not change or alter the law.

Cocke v. Ligon, 54 Miss. 368.

A. A. Pogue, of Marks, for appellee.

Where party lends money to husband to be used in operation of plantation of wife and husband is agent of wife, but this fact is not known to lender, the wife is liable for the repayment of the loan. The same rule does apply to money used in the operation of the business that applies to goods, wares and merchandise used in the operation of the business.

Section 1943 of the 1930 Code of Mississippi; Cooke v. Ligon, 54 Miss. 368; Porter v. Stratton, 1 So. 487; Brooks v. Barclay, 18 So. 419; Gross v. Pigg, 19 So. 235; Rivers v. Wade Hardware Co., 117 So. 259.

OPINION

Ethridge, P. J.

Mrs Rivers was a leaseholder of a certain plantation in Quitman County, Mississippi, which plantation was managed and operated for her by her husband. The husband had full control of the operation and management of the plantation and bought supplies, hired the labor, etc., on money mostly borrowed by Mrs. Rivers from the bank. He also sold the cotton and tended to all the business of the plantation. During the year 1926 the husband of Mrs. Rivers, whose name was B. D. Rivers, went to the Eastman Cotton Oil Company and borrowed two hundred fifty dollars, stating that he wanted the money for the purpose of operating the plantation until the cotton opened sufficiently to finance it from that source. He secured the money and gave his individual note for it, the Eastman Cotton Oil Company not knowing that he was not operating the plantation himself on his own account. Mr. Rivers died during the year, and when the note became due it was not paid; payment...