Gates v. . Brower
New York Court of Appeals
Action commenced in April, 1850, to recover the value of. a span of horses alleged by the plaintiff to have been sold by him to the defendant, which the defendant denied.
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Action commenced in April, 1850, to recover the value of. a span of horses alleged by the plaintiff to have been sold by him to the defendant, which the defendant denied. It appeared on the trial that the defendant was a farmer, and that his wife had the principal management of his business, directing what was done on the farm, renting lands, purchasing tools, stock, merchandise, &c., and selling crops, and had once given her own note for articles purchased, which the defendant paid. The purchase of the horses in question was made by the wife on the 5th of October, 1848, for which she gave…
1Opinion of the CourtMason, J.
I think there was evidence in this case- which should have been submitted to the jury to determine whether these horses were not in fact purchased by the wife acting in behalf of the defendant, and whether the purchase was not in fact his. There was evidence in the-case.from which a jury might justly have found such to be the case. There was -evidence that' Mrs. Brower acted as the agent of her husband, and of her authority so to act. She bad for years generally transacted the mercantile business of the family, and had before given her note which was taken up by the defendant. She seems to…
2Cases cited3 opinions
- Hopkins v. MollinieuxNew York Supreme Court · 1830
- Fenner v. LewisNew York Supreme Court · 1813
- Riley v. SuydamNew York Supreme Court · 1848
3Cited by11 opinions
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- Carron v. GuidoIdaho Supreme Court · 1934
- Merrell v. WitherbySupreme Court of Alabama · 1898
- First National Bank v. JosefoffIndiana Court of Appeals · 1914
- David Belasco Co. v. KlawNew York Supreme Court · 1905
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