Applegate v. Taylor

Decided April 15, 1879

Mississippi Supreme Court · decided 1879-04-15

Hon. S. S. CalhooN, Judge. Taylor had a contract to build an addition to the Lunatic Asylum. McLaughlin, who was a plasterer, applied for the contract to do the plastering, and Taylor agreed to give him the job, but required him to execute a bond, with security, for the faithful performance of the work.' The bond was prepared with McLaughlin’s name in the body thereof, as principal. McLaughlin, accompanied by Taylor, applied to Odeneal to become the surety on the bond.

Relies on Hamilton v. Booth

Decided 1879-04-15

Campbell, J.,

¶1delivered the opinion of the court.

¶2The garnishee was the debtor of Mrs. McLaughlin, and not of her husband, because it was on her credit and by her means that the contract was made and performed; and, although her husband did part of the work, and directed all of it, that did not deprive her of her right to claim pay for the performance of the contract she had made,, and given security to perform, and *688which, but for her, would not have been made, and which was fulfilled chiefly by her credit and means. Hamilton v. Booth, 55 Miss. 60.

¶3Judgment affirmed.