Lehman, Abraham & Co. v. Scarborough

Louisiana Court of Appeal

Lehman, Abraham & Co. v. Scarborough

1 Gunby 37

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 37 (Lehman, Abraham & Co. v. Scarborough) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lehman, Abraham & Co. v. Scarborough, 1 Gunby 37 (La. Ct. App. 1885).

Pincite

Opinion

Gunby, J.

This is a suit against a married-woman, and the usual defence is made. Where a married woman is carrying on a plantation, whether separate in property or not, she will be bound only for such articles as were used, or could have been used for planting purposes. The commission merchant cannot follow up his goods and see how they are used, but must act on the fair presumption that his customer is honest. He must show, however, that the invoices and drafts were for such things as could have been used and usually are necessary for plantation supplies.

2. This law makes it very difficult for commission merchants to deal with married women, but the law cannot be changed for merchants’ convenience, and if, in spite of long-continued and loud-voiced judicial warnings and thick-set beacon lights of jurisprudence, they venture upon the shoals where so many dealers with married women have been wrecked, they must be willing to scrutinize every step with that rigid caution which is the essence of our marital law.

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Gunby, J.

This is a suit against a married-woman, and the usual defence is made. Where a married woman is carrying on a plantation, whether separate in property or not, she will be bound only for such articles as were used, or could have been used for planting purposes. The commission merchant cannot follow up his goods and see how they are used, but must act on the fair presumption that his customer is honest. He must show, however, that the invoices and drafts were for such things as could have been used and usually are necessary for plantation supplies.

2. This law makes it very difficult for commission merchants to deal with married women, but the law cannot be changed for merchants’ convenience, and if, in spite of long-continued and loud-voiced judicial warnings and thick-set beacon lights of jurisprudence, they venture upon the shoals where so many dealers with married women have been wrecked, they must be willing to scrutinize every step with that rigid caution which is the essence of our marital law.

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Bluebook (online)

1 Gunby 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lehman-abraham-co-v-scarborough-lactapp-1885.