Rothchild v. McNichol

Supreme Court of North Carolina
Rothchild v. McNichol, 122 N.C. 556 (N.C. 1898)
Faircloth

Rothchild v. McNichol

Opinion of the Court

Faircloth, 0‘ J.

The plaintiffs abandoned their claim against Mrs. McNichol. The jury rendered a verdict in favor of the defendant Tilley, from which no appeal was taken by the plaintiffs. The jury rendered a verdict in favor of the plaintiffs against A. McNichol, and judgment for the plaintiffs was entered and he appealed. This was done on the ground that he had ratified the personal contract of his wife. We find no evidence of such ratification in the record, and the question of his liability should not have been submitted to the jury. There was error.

Error.

Reference

Full Case Name
R. ROTHCHILD & SON v. A. McNICHOL and wfie
Status
Published
Syllabus
Action on Note — Husband and Wife — Trial. In the trial of an action on a note signed by a married woman for the purchase price of a billiard table, the fact that the husband played pool thereon was not such evidence of ratification by him of his wife’s contract as to justify its submission to a jury.