feme sole trader

The law seems to be settled, that, when the wife is left without maintenance or support, by the husband, has traded as a feme sole, and has obtained credit as such, she ought to be liable for her debts. And the law is the same, whether the husband is banished for his crimes, or has voluntarily abandoned the wife. It is for the benefit of the feme covert, that she should be answerable for her debts, and liable to an action in such a case; otherwise she could not obtain credit, and would have no means of gaining a livelihood.

In English law. A married woman, who, by the custom of London, trades on her own account, independently of her husband; so called because, with respect to her trading, she is the same as a feme sole. Jacob; Cro. Car. 68. The term is applied also to women deserted by their husbands, who do business as femes sole. 1 Pet. (U. S.) 105.

A married woman, who, by the custom of London, trades on her own account, independently of ber husband; so called, because, with respect to her trading, she is the same as a feme sole. Jacob, Diet.; 1 Cro. 63; 3 Keb. 902; 2 Bish. M. W. § 628. The custom was recognized as common law in South Carolina, but did not extend beyond trading in merchandise; Mc- Daniel V. Cornwell, 1 Hill (S. C.) 429; Newbiggin V. Pillans, 2 Bay (S. C.) 164; under it a woman could not be a feme sole carrier; Ewart V. Nagel, 1 Mc Mullan (S. C.) 60. By statute in several states a similar custom is recognized; thus in Pennsylvania, by act of Feb. 22, 1718, the wives of mariners who had gone to sea were recognized as feme sole traders when engaged in any work for their livelihood, and by act of May 4, 1855, the benefits of this act are extended to all those wives whose husbands, from drunkenness, profligacy, or other cause, neglect or refuse to provide for them, or desert them; 2 P. & L. Dig. 2895. By the latter act she may make application to the court of common pleas and obtain a decree and certificate that she is authorized to do business under said act; id. The act is remedial, and to be construed benignly; Black V. Tricker, 69 Pa. 13; People’s Sav. Bank v. Denlg, 131 Pa. 241, 18 Atl. 1083. She may convey her real estate by deed in which her husband does not join; Elsey V. Mc Daniel, 95 Pa, 472. The husband is liable for necessaries. Actual residence with her husband does not take away her privileges under the act; Appeal of Ewing, 101 Pa. 371; and so in South Carolina; Newbrlggin v. Pillans, 2 Bay 162. In North Carolina the doctrine has been rejected; Mc Kinnon v. Mc Donald, 57 N. C. 1, 72 Am. Dec. 574. In an appeal from the District of Columbia it was said that “the law seems to be settled that when a wife, left by her husband, without maintenance and support, has traded as a feme sole, and has obtained credit as such, she ought to be liable for her debts,” whether the husband was banished for crime or abandoned her; but her deed of real estate acquired while a fbme sole trader was held void; Rhea v. Rhenner, 1 Pet. (U. S.) 105, 7 L. Ed. 72. In California on business in her own name, but managed by her husband, it was held that she could not escape liability as sole trader on the ground that she permitted such management; Porter V. Gamba, 43 Cal. 105. See Swett v. Penrice, 24 Miss, 416. A married woman, authorized by statute to carry on trade on her sole and separate account, is liable on a note given for property purchased for busine.ss purposes; the power to make contracts in such business implies the right to conduct it by the means usually employed; Bodine v. Killeen, 63 N. Y. 93; Frecking v. Rolland, id. 422; Noel v. Kinney, 106 N. Y. 74, 12 N. E. 351, 60 Am. Rep. 423. See, generally, Husb. Married Women, c. xL; 2 Bish. M. W. c. xlii.

In English law. A married woman, who, by the custom of London, trades on her own account, independently of her husband; so called because, with respect to her trading, she is the same as a feme sole. Jacob; Cro. Car. 68. The term la applied alse to women deserted by their husbands, who do business as femes sole. Rhea v. Rhenner, 1 Pet. 105, 7 In Ed. 72.

Defined under Feme in Black's Law Dictionary.

In English law. A married woman, who, by the custom of London, trades on her own account, independently of her husband; so called because, with respect to her trading, she is the same as a jeme sele. Jacob; Cro. Car. 68. The term is applied also to women deserted by their husbands, who do business as femes sole. 1 Pet. 105.

(or MER-

A married woman who trades and deals on her own account, independently of her husband. By the custom of London a feme covert beinga sole trader, may sue and be sued in the city courts, as a feme sole, with reference to her transactions in London. Bac. Ab. Baron and Feme, M._ In Pennsylvania where any mariners or others go abroad leaving their wives at shop-keeping, or to work for their livelihood at any other trade, all such wives are declared to be feme sole traders, with ability to sue and be sued, without naming the husbands. Act of February 22, 1718. _FEOD. Vide Fef or Feud.