Butler v. Price
Massachusetts Supreme Judicial Court
Contract on a promissory note dated April 9, 1860, signed by the defendant, and payable to Roxanna Blinn or bearer. Writ dated in 1870. The answer set up the statute of limitations.
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Contract on a promissory note dated April 9, 1860, signed by the defendant, and payable to Roxanna Blinn or bearer. Writ dated in 1870. The answer set up the statute of limitations. At the trial in the Superior Court, before Wilkinson, J., the plaintiff, for the purpose of removing the bar of the statute of limitations, relied upon a part payment of $25 made on February 11, 1865, and introduced evidence that the $25 were sent to Roxanna Blinn, who was then the holder of the note, in a letter purporting to be written by the defendant’s wife. The material parts of this letter, which the…
1Opinion of the Court
By the Court.
If the letter put- in evidence was proved to have been written by the defendant’s wife, yet there was no evi *98dence that the defendant authorized her to write it or to make a payment upon the note in suit. Such authority cannot be inferred from the relation of husband and wife. The court, therefore, should have ruled, as requested, that there was not sufficient evidence to warrant a verdict for the plaintiff.
Exceptions sustained.
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