Simpson v. Bonnel

Appellate Terms of the Supreme Court of New York

Simpson v. Bonnel

26 Misc. 785, 56 N.Y.S. 225

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1899

StatusPublished

Cited by1 cases

This text of 26 Misc. 785 (Simpson v. Bonnel) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Simpson v. Bonnel, 26 Misc. 785, 56 N.Y.S. 225 (N.Y. Ct. App. 1899).

Pincite

Opinion

Freedman, P. J.

The recovery against the defendant rests upon a contract entered into between plaintiff and defendant’s husband. It can be upheld neither on the theory of actual authority nor on the theory of apparent authority in the husband, for the plaintiff was informed by the husband at the very start that nothing could be more without defendant’s approval. The defendant, therefore, can only be held on sufficient proof of approval, or, in other words, on proof of ratification with knowledge of the facts. But the evidence is wholly insufficient to establish such ratification.

The judgment must be reversed. Judgment reversed, new trial ordered, with costs to the appellant to abide the event.

MacLean and Leventritt, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event,"

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Freedman, P. J.

The recovery against the defendant rests upon a contract entered into between plaintiff and defendant’s husband. It can be upheld neither on the theory of actual authority nor on the theory of apparent authority in the husband, for the plaintiff was informed by the husband at the very start that nothing could be more without defendant’s approval. The defendant, therefore, can only be held on sufficient proof of approval, or, in other words, on proof of ratification with knowledge of the facts. But the evidence is wholly insufficient to establish such ratification.

The judgment must be reversed. Judgment reversed, new trial ordered, with costs to the appellant to abide the event.

MacLean and Leventritt, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event,"

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Bluebook (online)

26 Misc. 785, 56 N.Y.S. 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpson-v-bonnel-nyappterm-1899.

Opinion

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