Godfrey v. Brooks

If a husband allow his wife to conduct business as a trader, he is liable on her contracts.

Though book charges be made against her, they may, with other proof, be admitted to charge the husband.

He offered the plaintiff’s book of original entries, with the oath of the party, in which the charges were against E. J. Brooks and not against Charles W. Brooks. The evidence was objected to on this account, and Revised Code, 184, 382, was referred to; but the Court admitted the evidence, which might be followed up by further proof connecting the defendant with the party charged, so as to charge him.

now made the point that as the credit was given to Eliza J. Brooks, by the plaintiff’s own charge in his books, he could not now seek to charge another person by any other evidence whatever.

The book entry does not determine absolutely the question to whom credit was given. Though one person be charged, there may he circumstances that will make another liable. The .liability is not on the book of original entries, it is upon the sale of the goods of which the book entry is only one mode of evidence.

Cross examined by Mr. Gordon.

resisted the claim on these grounds:—1. The plaintiffs credited E. J. Brooks and not her husband. 2. She is not proved to be the wife of the defendant. 3. She is not proved to have been his agent. 4. If she did act as his agent, jet the plaintiffs, knowing the principal, made their selection and gave credit to the agent, and cannot now charge the principal.

replied, and the jury, under the charge of the court, rendered a verdict for the plaintiffs, for the amount of this claim, $239 74.