55 Ga. 406 | Ga. | 1875
Creditors of the husband levied upon goods in a store carried on by him as agent for his wife. Their judgment was rendered in 1866. The business was opened upon money borrowed by the wife from her uncle, in 1869, and had increased from a very small beginning to some thousands of dollars. The wife gave some attention to the business, hired and paid clerks, received the money at the close of each day, etc. The husband was an excellent business man, and, after reforming intemperate habits, under which he labored at first, gave his whole time and attention to it, up to the time of the levy in 1873, receiving for his services nothing but support and necessary expenses. There does not appear to have been any express contract on the subject of his compensation. He held himself out as agent for his wife, using in the business his name as such agent, and she claimed everything; he claimed nothing.
On the levy of the plaintiff’s execution upon certain articles of the stock she interposed her claim, and the jury, on the trial of the claim case, found the property subject.
The principles ruled will sufficiently dispose of exceptions in the record not specially noticed.
Judgment reversed.