Pritchard v. Bigger

This is a hard case, but it should not be permitted to make bad law. I am constrained to hold that defendant's motion for directed verdict was properly granted by the court below.

I agree that the sole question to be determined is whether Mrs. Bigger pledged defendant's credit to plaintiff in order to secure for herself the necessaries of life. Since the spouses were not residing together at the time, the presumption that the wife was authorized to pledge her husband's credit cannot obtain. People v. Kellogg, 205 Mich. 482. The rule is also laid down in Williston, Contracts (Rev. Ed.), § 270,…