Rushing v. Clancy
Decision Date | 08 January 1894 |
Parties | RUSHING v. CLANCY. |
Court | Georgia Supreme Court |
Liability op Married Woman—Contract por Board.
A married woman, though having no separate estate, may by express contract signifying that she intends to bind herself, and not her husband, become liable for board thereafter furnished to herself and children on her credit; but where she, in company with her husband, he being present, but taking no part in the negotiations, contracts for board without any express promise to charge herself or her separate estate, the board contracted for being such as her husband is bound to furnish to her and her children, he, after the board is furnished in pursuance of the contract, is liable for the bill, and she is not liable, although the other party may have intended to credit her, and not him, this intention not having been expressly declared or communicated to her.
(Syllabus by the Court.)
Error from city court of Macon; J. P. Ross, Judge.
Action by Mrs. Clancy against Mrs. Rushing. Judgment for plaintiff, and defendant brings error. Reversed.
The following is the official report:
Mrs. Clancy sued Mrs. Rushing for $216.-50, being for 10 months' board from August 5, 1890, to June 5, 1891, for self and two children, at $25 per month, less $33 cash. The cause was heard and determined by the judge below without the intervention of a jury, who found for plaintiff the sum sued for, and defendant excepted, upon the ground that the Judgment was contrary to the evidence, against the weight of the evidence, and contrary to law.
Upon the trial Mrs. Clancy testified: ...
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... ... Grocery ... Co. v. Brunson, 24 Ga.App. 484, 101 S.E. 130; Civil Code ... 1910, §§ 2996, 2997; Rushing v. Clancy, 92 Ga. 769, ... 771, 19 S.E. 711; Robinson v. McCommons, 24 Ga.App ... 106 (2), 100 S.E. 43; Goodson v. Powell, 9 Ga.App ... ...
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... ... her husband, and that he, and not she, is liable for them ... Freeman v. Holmes, 62 Ga. 556; Rushing v ... Clancy, 92 Ga. 769, 19 S.E. 711. Therefore, even if we ... should construe the petition as capable of asserting that the ... plaintiff ... ...
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... ... Bell v. Rossignol, 143 Ga. 150, 84 S.E. 542, ... L.R.A.1915D, 1184, Ann.Cas.1917C, 576; Rushing v ... Clancy, 92 Ga. 769, 19 S.E. 711; Georgia Grocery Co ... v. Brunson, 24 Ga.App. 484, 101 S.E. 130. This duty ... flows from and depends ... ...
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