60 Miss. 238 | Miss. | 1882
delivered the opinion of the court.
It is admitted by the agreed statement of facts that Mrs. Wilkings was doing business as a merchant with her own means and in her own name, and that all the property embarked or accumulated in it was her own, though the business was conducted for her by her husband as her agent, clerk, and employee. It is insisted under this state, of facts that the property was made liable for the husband’s debts, because there was not posted conspicuously on or about the premises a written or printed sign, disclosing the ownership of the business and property. This is an entire misconception of the statute requiring merchants and others to exhibit signs in connection with the business carried on by them. Code 1880, sect. 1300. The statute has nothing to do with a person who is doing'business solely in his own name, except to declare that all the property embarked in it shall be held and treated as his, though in fact it may belong to another. Such a person being really the owner of the property, may consult his own pleasure as to placing any sign whatever over or about his establishment. ~ -
Affirmed.