Butler v. Price

Massachusetts Supreme Judicial Court

Butler v. Price

110 Mass. 97

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1872

StatusPublished

Cited by3 cases

This text of 110 Mass. 97 (Butler v. Price) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butler v. Price, 110 Mass. 97 (Mass. 1872).

Pincite

Opinion

By the Court.

If the letter put- in evidence was proved to have been written by the defendant’s wife, yet there was no evi [98]*98dence that the defendant authorized her to write it or to make a payment upon the note in suit. Such authority cannot be inferred from the relation of husband and wife. The court, therefore, should have ruled, as requested, that there was not sufficient evidence to warrant a verdict for the plaintiff.

Exceptions sustained.

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By the Court.

If the letter put- in evidence was proved to have been written by the defendant’s wife, yet there was no evi [98]*98dence that the defendant authorized her to write it or to make a payment upon the note in suit. Such authority cannot be inferred from the relation of husband and wife. The court, therefore, should have ruled, as requested, that there was not sufficient evidence to warrant a verdict for the plaintiff.

Exceptions sustained.

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Bluebook (online)

110 Mass. 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-price-mass-1872.

Opinion

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