Riland v. Schaeffer
Superior Court of Pennsylvania
Appeal, No. 162, Oct. T., 1910, by plaintiff, from order of C. P. Schuylkill Co., Nov. T., 1908, No. 270, refusing to take off nonsuit in case of William H. Riland v. Catharine Schaeffer. Appeal from judgment of justice of the peace. Before Broom, J. The opinion of the Superior Court states the case. At the trial the court entered a nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Orlady, J.,
The appellant recognized the importance of showing that, either the debt for which he sued was originally contracted by the husband as the agent of the wife, or that she subsequently ratified his act and promised to pay it as her very own. The evidence fails to sustain either contention. While, the wife owned the farm the husband operated it, and the plaintiff’s own testimony shows that for several years prior to the inception of this debt, he had dealt with the husband as a principal and not as an agent of any person. For a number of preceding years, fertilizer was sold…
2Cases cited4 opinions
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
- Bailey v. MarshallSupreme Court of Pennsylvania · 1896
- Paxson v. NieldsSupreme Court of Pennsylvania · 1891
- Shoemaker v. KingSupreme Court of Pennsylvania · 1861
3Cited by1 opinion
- Meeks v. Indiana Lumber Co.Indiana Court of Appeals · 1914