Butler v. Price

110 Mass. 97 | Mass. | 1872

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 dence 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.