Schlapback v. Long

• Decision Date: 19 June 1890
• Citation: 8 So. 113,90 Ala. 525
• Parties: SCHLAPBACK v. LONG.
• Court: Alabama Supreme Court

8 So. 113

90 Ala. 525

SCHLAPBACK v. LONG.

Supreme Court of Alabama

June 19, 1890

Appeal from city court of Anniston; B. F. CASSADY, Judge.

Agee & Micou, for appellant.

D C. Blackwell, for appellee.

CLOPTON J.

G. T Long filed a claim of exemptions as to debts owing by certain persons for board and lodging at the Parker House, in the city of Anniston, which appellant seeks to reach, and subject to his debt, by process of garnishment. The claim is contested by appellant on the ground that the debts garnished were partnership assets of the firm of Mr. and Mrs. G. T Long, and that his claim is a partnership debt. The evidence clearly establishes that Mr. and Mrs. G. T. Long held themselves out as joint proprietors of the Parker House, by an advertisemen in a newspaper published in the city of Anniston, by the headings of the hotel register, and by bill-heads generally used, and permitted themselves to be dealt with and trusted as partners in the hotel business. On December 17, 1889, appellant recovered, in the city court of Anniston, a judgment for $205.79, and costs of suit, against "Mr. and Mrs. G. T. Long as a partnership, and G. T. Long individually," which was founded on an account for meat furnished the Parker House. On this judgment the garnishments were issued.

Under the statutes of this state the earnings of the wife are her separate property. She has the control and management of her separate estate; is entitled to the rents, incomes, and profits; and husband and wife may contract with each other. Code, §§ 2342, 2349. A married woman may engage in trade on her separate account, and may become a partner with another person, and is estopped from denying the existence of the partnership, when sued in the partnership name by creditors who have dealt with and trusted her, as such. Le Grand v. Bank, 81 Ala. 123, 1 South. Rep. 460. As modified by the statutes, there is nothing in the relation of husband and wife which prevents them from contracting to enter into partnership and constituting a firm.

In Rabitte v. Orr, 83 Ala. 185, 3 South. Rep. 420, it was held that a husband may render himself liable as a partner with his wife by knowingly holding himself out, or permitting himself to be dealt with and trusted, as such partner. In re Kinkead, 3 Biss. 405.

It is true that Long testifies that Mrs. Long had no interest in the hotel business, and that no partnership existed between them. He...