70 Fla. 218 | Fla. | 1915
(after stating the fads.) — -The theory on which the bills rest is that a married woman who' is jointly interested in" a mercantile business as a partner, with one who is sui juris may by using her credit based upon her separate property in purchasing goods for the business, render such separate property liable to be subjected in equity to the payment of a creditor’s claim.
It is true that a married woman cannot be a member of a partnership, and is therefore not personally liable for any act or transaction of her so-called partner in
We do not hold that she may not authorize her husband to act for her in the purchase of property upon her sole credit, to be used in a business in which she is interested, but such authorization must be made clearly to appear, and that it was her purpose to assume the obligation solely and not jointly as a partnership obligation.
The original bill alleges that the goods were purchased by Mrs. Nadel for use and sale in the business, and that •the goods were sold to her in g-ood faith on her credit and her representations as to the ownership of the property both real and personal described in the bill. The supplemental bill alleges that the goods were purchased by Mrs. Nadel “through her husband as manager and her agent in the mercantile business,” etc. .The latter allegation weakens the one contained in the original bill,. especially when considering- the invoice which is attached to the original bill as Exhibit “A” and made a part of it, showing that the goods were sold not to Mrs. Nadel on her sole credit, but were sold to “The Quality Shop,” the name of a business owned by C. L. Johnson and Mrs. Nadel jointly.
These allegations of the original and supplemental bills taken together, do not exclude the idea that as manager of the business, the husband of Mrs. Nadel acted as agent for C. L. Johnson as well as for Mrs. Nadel, and that in purchasing the goods and managing the business he was acting as the representative of the alleged co-partnership ; and that the obligation incurred for the purchase of goods for the business was intended to be a joint obli
The demurrer to the original and supplemental bills should have been sustained; the order of the court overruling the demurrer is reversed.
Shackleford, Cockrell and Whitfield, JJ., concur.
Taylor, C. J., absent on account of illness.