Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1860-04-27

Al JUDICIAL Flow At FIEEEr n FEMALE
~ExIAAVAGANCE.

Al JUDICIAL AT FIEEEY AMI FEMALI
ENIAATAGANcH.
Prom he Kew Orleans Detail
Il has been long Observable that in ibi,
country, and especially IN this city, the wire.
and daughters VI citizens Of limited means
Z dress IN the style and with the extravaganza
Of m~flionaiIes wives and daughters in their
~cummuaitiss. Thus are many worthy citi-
rens ruined, or their noses kept an the while
o. the grindsione. That aniahlc weakness Of
our men, which regard wives All Daughters
more as ornaments and dolls than az help
mates, companions, and reasonable beings,
and extends 70 them an in~duigencein expendi-
tures and eKtraFagance beyond their means
e The source Of his very great evil We
cannot 90 much blame The fair creatures who
yield 70 a weakness, a love Of parade, %
natural 70 their sex, and which j. 90 fosteret
and encouraged bYvain-gltTious husbauds and
weak parents The evil however, Is one
which demands reform anee correction, and VI
are neither surprised n0r indignant 10 discovei
that our judges have set 20 work 10 arrest tbs
prevailing Extravaganza. The ease which /.
reported below may serve as a lsssun 10 law.
as well az IN just ideas Of economy ar pru-
denee. Judge Eggieston has undertaken q
! enllghtsn the minds Of orr extraVagaut ladies
and our turing modisles and fancy goods ven.
d0rs as t. their legal rights and respon 5lbili.
I TVS It. MNaNH " M-AA ~ uNA wives NHLLN "a
extensive shopping, and to all modists and dry
and fancy goods dealers Rho are won't 20 allow
large bills to run up, carefully % read and in.
wardly to digest the rules Of law laid down II
this opinion
Fifh Disirid cosrf Of Esw Odeaas-n,
/ plaintiff, who carries on a separate commerce
from Der husband, sold to Mrs. B., the wife Of
the deponsnt (ths husband being also a depo,
nent) on the 1st and llth Of November last
a quantity Of articles Of personal apparel
which amount IN the aggregate 70 lie sum d
six hundred ard forty-fve dollars-
Mr.. B. tame in court and pleaded a genera
denial. He further pleaded that, II the plain.
tit furnished the articles specified in the BIZ
o. particulars subjoincd 20 Der petition. 81,
furnished them IN opposition 20 his express
orders, and be is not liable to nav FOR them
He prays hence 70 be dismissed with costs
The wife, although legally cited, has made
NJ answer, and no one has made Il former, the
husband sl0ne joining issue with the plaintiff
Il appears from the evidence, that, when
the account sued on was presented Cor pay
meat 10 Mrs. B., Ehe admitted TIE correctness
o. It and promised 10 pay q. but stated thai
she cou d not do lt then. The account was
presented for payment 10 B, her husband,
who declared that be knew nothing concern
ing GO, and had told he plaintiff not 10 sell 10
his wife on credit. he declared thai be would
net pay e. Il further appears that B. is a
clerk, and receives a salary OF $500 a year
and possesses no other means Of support.
The husband owes 10 bis wife fidelity, sup
port and assistance Cart. No. l21, Civil Code)
and she is bound to live with him, and follow
him wherever he choses 20 reside: and th.
husband is obliged to receive her, and to fur.
nish her with whatever is required for the
conEsniences OF lie (f0ut &c qai est nscsssairi
pour les bcs0iHs De "a Uis), in proportion to hii
means tad condition &C. C 1921. All per.
sons have the conventional capacity except
those whose incapacity is declared BY law
&c. c. lT5.) These persons ars insensate
slaves interdicts, miners and sp0uses Tn
husband IL presumed TO assent 70 a certain
class Of contracts male BY his wife, and from
this presumed assent % his to them ht
authorizes her TO bind him. he IS presumed
to authorize her 70 enter into Commercial con.
tracts IL be permit Der 10 conduct a trade ia
her own name: 70 enter iute contracts foI
nseessaries for herself and family (poEr la
e~oHtrGts gu'els fat pour % pr0eErer ses bfsoiul
ct oeuE Dc "a fdmfIe), when be himself does
not provide them, and TO an her contracts
when he is party to them. &C. c. I77s.
These dispositions o. our Civil Code clearly
indicate those classes Of contracts which ]
wife possesses the right 70 make, under N,
presumed authorization Of The husband, and
"a AHANA NAAHAAAaA AAa 4AAE " AEAH hui NM'
eluded in the category, the express assent Of
the husband must be proved in order to bind
him.
Itisnot pretended that in this case any sx-
press material assent or authorization was
ever accorded to Ms. B., and il rests solely
upon The presumed marital assent OF implied
authorization. The question presented Their
Tor solution is, do The articles Of spparel sold
to her constitute or fan under the denonina-
ton Of necessaries OF wants, which herself
and family stood IN need Of, and were they
proportional to the means and condition in
lie Of her husband for, IL hey were articles
Of luxury and taste or ornament, and beyond
bis means and condition, ostentation merely,
the law acquits the husband Of any and sll
Obligation to pay FOR them. The Law does not
hold The husband reponsible to tradesmen for
merchandise sold 20 his spouse when It ex-
eeeds his means and state Of life, and partak-
ing Of the character of profusion and luxury ;
she Is not allowed BY law q CRAFTY her taste
for ostentation and -eEtravagsnce at The ex-
pense OF the ease, comfort and purse Of her
husband. The after is obliged 10 support her
and furnish her with the couveniences and
necessariss Of Life, regulated BY The standard
Of his social position and bis pecuniary
ability; but for reasons Of a wise forecast and
policy, the law does not require him 20 support
Der IN a career Of dissipation and p~rodigalitv;
he, in a word, is commanded 70 admister 70
htF reasonable wants, but not to administer 10
her passion for luxury and magnifcence.
And il tr7desmsn viii give credit to her for
such articles Of luxury, they cannot expect
the assistance Of the law for the recovery OF
their debts. II they trusted her without any
warrent from her husband, 20 her thew must
look for payment, not to the husband. Let
me now glance sttha bin Of goods purchased
fhn wife of the Tafa~1anF ~ ahn -Tof-esR
and see If they are necessaries Of life for her
self and family, and suitable to her fortune and
rank in society. Il must be borne in mlnd
that her husband has no other property than
his salary Of $500.
The Ist Of November, 1859, she bought,