Jurisdictions, Part 140
Husband and Wife.
What Contract and Act of a married Wife, Bailiff, and Servant, ſhall binde the Husband, or Maſter, and what not.
A Married Wife hath no Will, but the Will of her Husband, and for that, if a married Wife ſell or give Goods, and the Husband agree before or after it is good; and it is his Will, and his Sale; and if the Bargain be advantage or diſadvantage to the Husband, Agreement of the Husband makes it good: the ſame Law of an Aſſumpſit, made to a married Wife, to deliver one out of Execution.
21 H. 7. fol. 40. The Husband ſhall not be charged by a Bargain of the Wife, but if it come to the uſe of the Huſband, and he agree, it is good: but if it come to the uſe of the Houſe, if he hath not notice of it, or that it was not bought by his commandement, he ſhall not be charged, by Fineux, for a married Woman cannot do any thing, which may turn her Husband into prejudice, and contrary of that which is for his advantage: but if I command my Wife to buy a thing neceſſary, and ſhe buyes it, and comes to my uſe, this generall commandement (it is ſaid) ſhall binde me, though I do not expreſie what things: but if my Wife without my commandement buy a thing for my Houſhold, as Bread, &c. and I have no knowledge of it, though that be ſpent in my Houſe, I ſhall not be thereof charged, by Fineux.
11 H. 6. fol. 38. By Martin, it ſeems the Husband ſhall be charged for neceſſary Apparrell of his Wife, but not for ſuperfluous Apparrell; for Martin ſaith, if my VVife buy of a man, and ſhe arrayes her ſelf better then belongs to her Eſtate, I ſhall not be charged to pay this ſtuff taken up, though it come to the uſe and profit of the Husband, for that, that the VVife of neceſſity ought to be apparrelled, but for that that paſſes her Eſtate, her Husband ſhall not be charged.
20 H. 6. fol. 23. By Newton, buying by the VVife or Servant, though it come to the uſe of the Husband, or Maſter, it ſhall not charge the Husband or Maſter, Nat. Brev. fol. 61. the ſame. Note, there ought to be Aſſent and Agreement of the Husband and Maſter, if they ſhall be charged, is to be intended upon that.
Doct. & Stud. f. 137. N. If a man ſend his Servant to ſell a thing, which he knows to be defective, and commands him to ſell it to ſuch a man, Deceit hes; but if it be generally, to whom he could, it lieth not againſt the Maſter, 9 H. 6. f. 254.
Fitzh. 120. F. A man ſhall be charged in debt for a bargaine of his Bailiffe, or his Servant, where he gives authority to his Bailiff or his Servant to buy and ſell for him, and ſo for a bargaine made by his Wife, if he give authority to his Wife, and otherwiſe not.
34 Ed. 1. tit. 163. Debt F. held there, That where a Woman receives ten Quarters of Corne to the profit of the Husband, he ſhall be charged; but where he counts, that the Wife borrowed ten Quarters of Corn, which came to the profit of the Husband, he ſhall not be charged in Debt.
13 R. 2. tit. 50. Account, Where Tonels of VVine are delivered to a marryed Wife, if the Husband agree to it, he ſhall be charged, and otherwiſe not.
27 Book of Aſs. 5. If a man hath a Bailiff knowne, and who hath uſed to fell the Beaſts of his Maſter at the Market, this is a good ſale, though he hath no ſpeciall VVarrant to fell his Beaſts: And if ſuch a Bailiff pledge the Goods of his Maſter; that is, Oxe or Horſe, for Corne, which comes to the uſe of his Maſter, the Maſter ſhall not have treſpaſſe of the ſale or pledging.
8 Ed. 4. fol. 13. If I make a man my Bailiffe of my Mannor, he cannot make a Leaſe of the Mannor, nor of parcell, without ſpeciall commandement of his Maſter to doe it, for that ſhall not bind the Maſter.
8 Ed. 4. tit. 14. Contract, Brook, If a man ſend his ſervant to buy certaine Goods, or his Factor or Attorney, to buy for him Merchandiſe, and he buy, &c. The Maſter ſhall be charged, though that the Goods never came to his hands, and though that the Maſter have no notice of that; and the Maſter cannot countermand without notice given to the Servant, Attorney, or Factor, by Pigot and Fairfax,
2 Ed. 4. f. 5. If my Servant in Cheapſide which hath power to ſell, give my Wares, it is ſayd I ſhall have treſpaſſe againſt the Receiver; but if I deliver Goods to keep to my uſe, and hee gives them, I ſhall not have treſpaſſe, for he hath no notice whoſe Goods they are, as in the caſe of a Servant.
Doctor and Student, fol. 137. If the ſervant borrow Money in the name of his Maſter, his Maſter ſhall not be charged, unleſſe they come to the uſe of his Maſter, and by his commandement: The ſame Law of a bargaine made by the ſervant; but if the Maſter ſend his ſervant to buy things, and he buyes them, the Maſter ſhall be charged; And if he buy a thing, and doe not ſpeak of the Maſter, and it comes to the uſe of the Maſter, the Maſter ſhall be charged.
2 R. 2. Slatham, fol. 65. Debt is maintainable againſt the Maſter of a thing bought by his man, if the Goods come to the uſe of his Maſter, notwithſtanding that his ſervant have no warrant of his Maſter to doe it, if it be ſo that he be knowne to be his ſervant.
11 Ed. 4. fol. 7. If a ſervant which hath authority to ſell and warrant the thing, deceit doth not lye againſt the Maſter if it be corrupt.
21. H. 7. fol. 27. by Rede, If I command my ſervant to diſtraine, and he rides upon the diſtreſſe, he ſhall be puniſhed and not I.
How ſhall the Husband have by his Wife, Goods and Chattells, whereof hee takes charge, and how hee ſhall be charged for the Wife.
IF a man take a Wife which hath Goods, now the Goods are in the Husband, 26 H. 8. fol. 4.
Plowdens Commentaries, fol. 418. A woman which hath a Leaſe for yeares, or Goods, takes a Husband, they are in him.
7 H. 6. fol. 1. If a woman have a Leaſe for yeares, and takes a Husband, this is in him, but if he grant a rent charge out of that and dyes, the Wife ſhall have the terme diſcharged: And by Strange, If an Obligation be made to a woman ſole, and ſhee take a Husband, he may releaſe that; but if the Husband ſuffer the Obligation to remaine and dyes, the VVife ſhall have that, and not the Executors of the Husband, 9 H. 6. fol. 52. the ſame.
21 H. 7. fol. 29. VVhere a woman is Executrix, and takes a Husband, the Goods of the Teſtator veſts in the Husband, and if the Husband give or releaſe them, he may, but if the Husband dye, and doe not releaſe them, they remaine to the woman againe.
Fitzh. fol. 69. If Beaſts of a lone woman be taken, and ſhee take a Husband, he alone ſhall have a Replevin, for that that the property is in him onelyonly.
Fitzh. 142. I. If a man have the VVardſhip of one in the right of his VVife, and after his VVife dyes, yet he ſhall hold that, for it was a thing veſted in him.
Perhins 107. VVhere the Husband hath ret…ne in right of his VVife, and he aliens that and dyes, his VVife ſhall not have that, but if he doe not alien that and dyes, ſhee ſhall have it.
Perkins 165. A man hath twenty yeares terme in right of his VVife, and lets for ten yeares, rendring rent and dyes, his VVife ſhall have the Rent, and the reſidue of the terme.
Fitzh. 119 O. If a man takes a VVife, which was indebted to other perſons, the Husband and the VVife ſhall be …ued for this debt, living the VVife; but if the VVife dye, the Husband ſhall not be charged, unleſſe it were recoverd during the Coverture.
Fitzh. 121. If a man lets Land to a VVoman for life, rendring Rent, and ſhee takes a Husband, and after the Rent is behind, and the VVife dyes, the Husband ſhall be charged, for that that he took the profit; otherwiſe it is of an Obligation made by his VVife before marriage, the Husband ſhall not be charged, unleſſe recovery were of that during the marriage.
Fitzh. 121. D. A woman hath Rent for Dower, and takes a Husband, and the Rent is behind, and the VVife after dyes, the Husband ſhall have Debt for this Rent: But if a man be bound to a woman, and ſhe takes a Husband, and the day of payment comes during the marriage, and after the VVife dyes, the Husband ſhall not have debt upon this Obligation, for that that it was a duty to the VVife, and a thing in action before the marriage.