Porter v. Bobb

Decided March 15, 1857

Supreme Court of Missouri · decided 1857-03-15

Louis Law Commissioner’s Court. This was an action to recover the value of goods alleged to have been sold and delivered to defendant. Upon the trial it appeared that the goods were purchased by and delivered to the wife of defendant; that the wife had left her husband’s dwelling prior to the sale of the goods and during his temporary absence on business; that she never returned. The court gave the following instructions at the instance of the plaintiff: “ 1.

Relies on Moore v. Otis

Good law ✅— No negative treatment on recordhow we know

Decided 1857-03-15

How this case has been cited

Cited by 5 later decisions — most recently March 1974

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Scott, Judge,

¶1delivered the opinion of the court.

¶2This case turns on the fact whether there was a separation between Bobb and his wife at the time the goods were furnished. The case of Harshaw v. Merryman, 18 Mo. 118, shows that where there is a separation between husband and wife, the tradesman at his peril must ascertain whether circumstances exist which would warrant him in giving credit to her. He is to take notice that there is a separation, and it is no defence to say that he had no knowledge of the fact. Whether there was a separation without the fault of the husband between the husband and wife at the time the goods were furnished is the fact to be submitted to the jury. The other judges concurring, the judgment will be reversed, and the cause remanded.