Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VI.
A married woman's deeds in what cases effectual against her husband.
Subject_3 SECT. III.
Where the Wife carries on traffick under the Husband's eye.
Muirhead v. Douglas
Date: 23 November 1609 Case No. No 228.
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In an action pursued by Muirhead merchant, against James Douglas in Leith, for L. 800, as the price of certain wines, sold and delivered by the said Muirhead to James Douglas's wife; it was alleged, That the summons was not relevant, never condescending that the wine was bought by the said James Douglas's command; seeing a wife had no power to contract any such debt without her husband's warrant, neither could she bring such debt upon him. —It was answered, That she held an open wine tavern, and sold commonly wine by her husband's knowledge, and so being præposita tabernæ, the pursuer had good action to pursue the husband for payment of the prices thereof. ——THE LORDS found the summons and reply relevant to be proved by witnesses.
