The Nova Scotia Reports Volume 23 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ... a man, and represented by him to be his wife, bar his authority to bind him by her contract for articles suitable to that station which he permits her to assume, still this presumption is always open to be rebutted." This ruling was unimprached till the case of Debenham v. Mellon, 5 Q. B. D., 394. The head-note to that case is as follows: "A husband who is able and willing to supply his wife with necessaries and who has forbidden her to pledge his credit, cannot be held liable for necessaries bought by her; and a tradesmen, without notice of the husband's prohibition, and without having had any previous dealings with the wife, with his assent, cannot maintain an action against him for the price of article suitable to her station in life, and supplied on his credit without his knowledge or consent." There was a verdict for the defendant, and on appeal Benjamin, Q. C., asked the court to review the decision of the court in Jolly v. Rees, contending that it was the first case in which it was held that a secret revocation of a wife's authority is sufficient, and that it cannot be maintained upon principle. The court, without hearing counsel for defendant, sustained the ruling in Jolly v. Rees. ' The plaintiff appealed to the House of Lords, 6 Appeal Cases, 24, when the decision appealed from was affirmed. Lord Blackburn i11 giving judgment said: " My Lords, if it were not that this case is precisely identical with the case of Jolly v. Recs, 1 should think it desirable to speak more at length than I propose now to do. The opinion upon which I advise your Lordships to act is that the judges fmming the majority of the court in that case were right in the judgment which they gave, and it is admitted that...