Butler v. Price

Massachusetts Supreme Judicial Court

Butler v. Price

110 Mass. 97

Massachusetts Supreme Judicial Court·Decided September 15, 1872·Published·Cited by 3 cases

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.

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

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Opinion

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