Jones v. Markley Et Ux.

Opinion by

Henderson, J.,

The plaintiff’s action was brought against Harry W. Markley and Anna L. Markley, his wife, for money loaned to the latter. It is not alleged that the husband was a borrower of the money or that any contract had been entered into between him and the plaintiff with respect to the amount claimed. An attempt was made in the statement of claim to charge the appellant on an implied liability for the money because at the time it was procured by the wife she represented “that the moneys were needed for the purchase of necessaries of life by her.” It nowhere appears in the…