Daily gazette and comet. (Baton Rouge, La.) 1856-186?, 1860-04-20
Laws for the Collection Of Debt.

the recovery of the amount OF q bill
of dry goods, sold by a merchant
10 the wife of defendant. We give
that portion of the decision bearing
directly on the case, as containing
words of wisdom, if not of law
The plaintiff. who carries on q separate
commerce from her husband, sold 10 Mrs.
A.. the wife of the defendant. (the hus-
band being also defendant) on the lst
and nth Of November last, quantity of
articles Of personal apparel. which amount
In the aggregate TO the sum Of seas.
Mr. II came In Court and pleaded gen
eral denial lie further pleaded that II
! the plaintiff furnished the articles specified
In the bill Of particulars suhjoihed TO her
| petition. she furnished them In opposition
to his express orders, and he IL mot liable
TO pay for them. He prays hence 10 he
dismissed with costs. The wife, although
legally cited, has made no answer, and no
one has made any for her. the husband
alone joining issue with the plaintiff.
II appears from the evidence that when
the account sued on was presented for
payment TO Mrs. b., she admitted the cor
rectness Of II and promised TO pay it, but
stated that she could not do " then. The
account was presented for payment 10 Mr..
b.. her husband. who declared that he
knew nothing concerning IL, aud had told
the plaintiff not 10 sell TO his wife on cred
g. lie declared that he would not pay II.
II further appears that b. is clerk, and
receives a salary Of $4,000 year, and pos
sesses no other means Of support
The husband owes TO his wife fidelity,
Support and assistance, Art. No. l2l. Civ
! II Codel, and she Is bound to live with
! him. and follow him wherever he chooses
| 30 reside; aud the husband Is obliged ~
! receive her, and TO furnish her with what
ever is required for the eonveniences of
life (t0ut 20 All est neccssdiie pan les bssDtns
dc "a rtsl In proportion TO his means aud
conditions: &C. 9. 1922. All persons have
the conventional capacity except those
whose incapaeity IL declared by law. &C..
G. l1T5.) These persons are insensates,
slaves, interdicts, minors and spouses.-
The husband u presumed TO assent to n
certain class Of contracts made 10y his wife,
aud from this presumed assent Of his TO
them, he authorizes her TO bind him. He
IL presumed TO authorize her to enter into
commercial contracts If he permit her TO
| conduct trade IN her own name; to en-
ter into contracts for necessaries for her
self and family (poVr lee c,nfrafs gueNe fat
pour o. pfocsrer sss bss0ips II csBr de 20 fdpi-
dis), when he himself does not provide
them. and TO all her contracts when he IL
party TO them. &C. G. lTTp. These dis
positions Of our Civil Code clearly indi-
cate those classes Of contracts which a wife
possesses the right to make, under the
| presumed authorization of the husband,
and if other contracts are made by her, not
included in the category, the express rs
sent of the husband must be proved in or
der to bind him.
The question presented for solu.
ton in this case was this; do the
articles of apparel sold to the wife
constitute or fall under the denomi-
nation of necessaries or wants.
which herself and family stood in
need of, or were they such Articles
of taste OF ornament suited to the
rank of husband, whose salary or
income is fixed at $500 a year ?
To determine this, the merchants
bill is given; from which we take
two or three items. The bill is
made out in French, but we pre-
sumo the ladies' will know what the
articles are in the vernacular for
the names have never been done
into English.
10 yards gros de Naples marron...........s esq 90
Toit de fovrin ehale cachprirp .......... 81 90