Aiken v. Davis
Before: Cope
Synopsis
Wuere husband and wife are sued for rent claimed on a lease made by plaintiff to the wife—plaintiff and the wife being tenants in common of the property: Held, that the wife can be liable only as sole trader under the statute; and that the complaint must aver facts requisite to establish her liability in that charac. ter; and that the allegation that she “ was doing business as a femme sole with the consent of her husband ” is insufficient.
Cope, J. delivered the opinion of the Court Field, C. J. concurring:
[121]Upon a further examination of this case, we are satisfied that our former decision was erroneous, and that the judgment should be reversed. The -principal defendant is a married woman, and as against her the complaint does not state facts sufficient to constitute a cause- of action. She could only be held in the character of a sole trader under the statute; and the allegation that she was doing business as a femme sole with the consent of her husband is insufficient. Enough should have been stated to establish her liability as a sole trader.
Judgment reversed, and cause remanded.
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