139 Mass. 224 | Mass. | 1885
The court gave the first, fourth, and fifth rulings requested. It also gave the second, with an explanation of its meaning which was plainly required; if it did not have this meaning, it was rightly refused. The remaining exceptions are to the refusal to give the third ruling requested, and to the three rulings given. That the delivery of the check by the wife to the husband would not necessarily constitute the husband her agent in fact to collect or receive the amount of it from the defendant, or show that this check and its proceeds actually became the property of the husband, is evident. Such a delivery is consistent with many other hypotheses, and it might have been accompanied with express directions not to collect the check or appropriate the proceeds. The more difficult question is
The argument is, that, the plaintiff’s check being rightfully in the hands of her husband for the purpose of delivering it to the defendant to be collected by him, the defendant was justified in inferring from the form of the check, and its presentation to him by the husband, that the wife had given to the husband authority to receive the amount of the check from the defendant, or, .to use the language of the exceptions, authority to get it cashed. The form of the check indicated that the plaintiff intended that the First National Bank of Attleborough should pay to the defendant a certain amount of money and charge the same to her account. It did not indicate that any of this money was to be paid to the plaintiff’s husband. It did not indicate the purpose for which the plaintiff desired the money paid to the defendant. If it was not intended as a gift to the defendant, the defendant must hold the money when received to the use of the plaintiff. If the defendant held it for the plaintiff, his duty was to pay it to her or to her order. As there is nothing in the check itself which orders the defendant to pay the proceeds of it to the husband, and as the statement of the husband that the check had been given him, or that he had authority to receive the proceeds of it, is not evidence against the plaintiff