Arnett v. Glenn

Decided May 15, 1889

Supreme Court of Arkansas · decided 1889-05-15

J. W. Butler, Judge. John W. Glenn executed to Bertie Arnett, a married woman, his promissory note for $300, which she loaned to him out of her separate estate. She brought this action against him on the note, and by his answer he claims a credit for $185.53, alleging that he paid that sum to the plaintiff’s husband, and that the latter received it as his wife’s agent.

Cited by 1 later decisions — most recently June 1914

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-05-15

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Per Curiam.

¶1.Husband and wife. If the husband held the note with the express authority to collect it, he could only have made such collection as would inure to the benefit of his wife. He could not accept in its payment, the satisfaction of his own debt without proof that the wife gave her assent, cither express or implied, to this misuse of her funds. Williams v. Johnston, 92 N. C., 532; Belton Compress Co. v. Belton Brick Co., 64 Texas, 337.

¶2There was no proof that Mrs. Arnett ever authorized such conduqt. The judgment is reversed and cause remanded.