Mayo v. Austin

McAdam, Ch. J.

The plaintiff sues for goods sold and delivered to the defendants. The answer is a general denial. Upon the trial, the plaintiff testified that the property belonged to her son, and that in selling it she acted for him as guardian. The defendant moved to dismiss the complaint on the ground that, as the plaintiff had brought the action in her own name, and had not sued as guardian, the action was not maintainable.

The plaintiff, having actual possession of the property at the time of the sale, was not bound to prove her title (Fitzpatrick v. Caplin, 4 E. D. Smith, 165). But having…