Weld v. La Marguerite Shop Co.

• Decision Date: 13 May 1908
• Citation: 61 S.E. 573,147 N.C. 588
• Parties: WELD, COLBURN & WILCKENS v. LA MARGUERITE SHOP CO.
• Court: North Carolina Supreme Court

61 S.E. 573

147 N.C. 588

WELD, COLBURN & WILCKENS v. LA MARGUERITE SHOP CO.

Supreme Court of North Carolina

May 13, 1908

Appeal from Superior Court, Mecklenburg County; Moore, Judge.

Action by Weld, Colburn & Wilckens against the La Marguerite Shop Company. From a judgment for plaintiff, defendant appeals. Reversed.

This action was brought to recover the price of goods sold and delivered by the plaintiff to the defendant. The defense was that the business was conducted by Mrs. Caroline J. Ramsey who is a married woman, and that she was and is the sole proprietor of the business and owner of the stock of goods in the store. The question in the case was whether the business had been so conducted as to constitute Mrs. Ramsey a free trader within the provisions of Revisal 1905, § 2118. The issues submitted to the jury, with the answers thereto, were as follows: First. Was George C. Ramsey, on or about October 16, 1906, as husband of Caroline Jones Ramsey, conducting for her a business under the name of the La Marguerite Shop Company, without displaying a sign at such place showing her Christian name and the fact that she was a feme covert? Answer: Yes. Second. Was said indebtedness contracted in the course of said business? Answer: Yes. Third. In what amount if any, is the defendant indebted to the plaintiff? Answer $51.50-interest from May 27, 1907. Miles Pegram, a witness for the plaintiff, testified: "On or about the 16th day of October, 1906, I was traveling salesman of the plaintiff. I went to the millinery store in the city of Charlotte known as La Marguerite Shop for the purpose of selling some goods and found G. C. Ramsey, the husband of the feme defendant, in the storeroom with his hat off. I knew G. C. Ramsey, the husband of the feme defendant, and knew he was a drummer, and only in Charlotte occasionally. I knew that Mrs. Caroline Jones Ramsey was in charge of the business, and understood that she either owned it or owned an interest in it. I mentioned the matter of selling goods to Mr. Ramsey, and he said he thought they could use the goods, but that Mrs Ramsey did the selecting of goods. Mr. Ramsey called Mrs Ramsey from the back part of the store where she was engaged in work, and Mrs. Ramsey came forward and selected the goods, and gave me an order therefor, for the price of which this suit was instituted. That Mr. Ramsey gave me shipping directions, and three New York references, and I think he said I must ship the goods to the La Marguerite Shop Company. The foregoing was all the conversation had at that time, I know nothing else about Mr. Ramsey's conducting the business. I am not now working for the plaintiff company, and do not know of my own knowledge whether the bill for the goods is due and unpaid or not. I saw the goods in the store some time after the date I sold them, and Mrs. Ramsey said they were good goods. I heard Mrs. Ramsey swear before the justice of the peace when this case was tried that Ramsey did not help conduct the business and had no interest whatsoever in it. Mr. and Mrs. Ramsey were man and wife at the time the goods were sold, and I knew it at that time. There was a sign on the store window with the words 'La Marguerite."' Plaintiff rested here. The defendants G. C. Ramsey and his wife, Caroline J. Ramsey, testified, in substance, that Mrs. Ramsey was the sole owner of the stock of goods and business and conducted the business herself, and not through her husband as an agent. It is not necessary to set forth this evidence at length. The defendants in apt time moved to nonsuit the plaintiff. The motion was overruled, and they excepted. Judgment was rendered upon the...