Riley v. Suydam
New York Supreme Court
This case was tried by a referee appointed pursuant to the statute relative to executors and administrators. The plaintiffs had presented to the defendants as the legal representatives of the estate of Henry Stebbins, deceased, a claim against the estate for board, washing, &c. to the amount of $157,32, which W'as the subject of the reference.
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This case was tried by a referee appointed pursuant to the statute relative to executors and administrators. The plaintiffs had presented to the defendants as the legal representatives of the estate of Henry Stebbins, deceased, a claim against the estate for board, washing, &c. to the amount of $157,32, which W'as the subject of the reference. Upon the hearing before the referee it appeared that the wife of the plaintiff Riley and the plaintiff Philip, who is a brother of Riley’s wife, lived together, and that Stebbins, the defendants’ intestate, had boarded with them several years; that…
1Opinion of the Court
By the Court, Harris, J.
The only question in this case is whether the admissions of Mrs. Riley, that Stebbins was not indebted to the plaintiffs, were properly received as evidence, by the referee. The general rule, undoubtedly is that the declarations of the wife are not evidence against her husband. But a wife may act as the agent of her husband ; and if he permits her so to act in any particular business, he adopts, and is bound by, her acts and admissions in reference to such business, and they may be given in evidence against him. (Hopkins v. Mollinieux, 4 Wend. 465. Emersen v, Blanden,…
2Cases cited3 opinions
- Hopkins v. MollinieuxNew York Supreme Court · 1830
- Fenner v. LewisNew York Supreme Court · 1813
- Curtis v. InghamSupreme Court of Vermont · 1829
3Cited by4 opinions
- Cropsey v. McKinneyNew York Supreme Court · 1859
- Gates v. . BrowerNew York Court of Appeals · 1853
- Edgerton v. . ThomasNew York Court of Appeals · 1853
- Marselis v. SeamanNew York Supreme Court · 1856