Summary
In Jones v. Walker (63 N.Y. 612) it was held where land was owned by the wife that evidence of the relationship and the fact that the defendant knew that the work was in progress and did not object was not sufficient to establish agency, but that there must be some evidence that in the husband's dealing he acted as agent and not as principal, and that his contract was for the wife upon her credit and with her consent and knowledge; that her credit was pledged and that she is understood to be the contracting party.
Summary of this case from Snyder v. SloaneOpinion
Submitted September 30, 1875
Decided October 8, 1875
N. Morey for the appellants.
David F. Day for the respondent.
ALLEN, J., reads for affirmance of order granting new trial and for judgment absolute against plaintiffs.
All concur.
Order affirmed and judgment accordingly.