Stevens & Rublee v. Story
Stevens & Rublee v. Story
Opinion of the Court
The opinion of the court was delivered by
The case shows that the purchase of the goods of the plaintiffs by the defendant’s wife was the first instance of her making a purchase of the plaintiffs or of any body else, and that she was unknown to the plaintiffs till she announced herself on that occasion and produced a marriage certificate to show that she was wife of the defendant. She was not, therefore, clothed with any agency for her husband by virtue of any implication arising from her having made such purchases in Ms name and on his credit prior to that purchase. The defendant and Ms wife had separated and were not living together when the goods were purchased of the plaintiffs. So there was no implied agency from the fact of cohabitation. It is not shown that the goods so purchased were necessary for her reasonable comfort and support. There is therefore no ground for the agency which the law confers in spite of the husband. “ The defendant was in no immediate want of the goods so purchased.” “ No part of them was carried to the defendant’s house, and there was no evidence tending to show what disposition she made of the goods after she carried them from the store.” So there was no actual or implied ratification
Judgment reversed and judgment rendered for the defendant.
Reference
- Full Case Name
- Stevens & Rublee v. Emerson Story
- Status
- Published