Wolfe v. Benedict — 48 N.Y. St. Rep. 195

Majority

p. 195

William Wolfe, App’lt, v. Christine Benedict, Resp’t.

(Supreme Court, General. Term, Fifth Department,

Filed October 21, 1892.)

Headnote

Principal and agent—Husband and wipe.

Authority of a husband, who lives with and supports his family, to make a contract as agent for his wife for work-to be done upon her property, is not made out by proof of statements by the husband that he ha<$ such authority.

Appeal from the judgment of the Miagara county court, reversing a judgment of a justice of the peace.

Charles Hickey, for app’lt; N. T. Potter, for resp’t.

This action was brought to recover compensation for labor performed by the plaintiff,- in and about the dwelling house and premises occupied by Mr. Benedict with his wife; the defendant, Mrs. Benedict, being the owner of the house-arid premises.

The plaintiff claimed that he was employed to work for the-defendant by her husband, and that the husband was defendant’s agent and authorized to thus employ him.

Plaintiff relied solely upon the statement of Mr. Benedict when he employed plaintiff, that he was Mrs. Benedict’s agent and authorized to employ the plaintiff, to prove the employment.

Both Mr. and Mrs. Benedict testified that they resided upon the premises as a family, and that Mr. Benedict had no authority to employ the plaintiff to work for Mrs. Benedict.

The proof was that Mr. Benedict provided for and supported the family.

Mr. Benedict’s declaration that he was agent for defendant, if made, proved nothing toward making a case.

The plaintiff failed to make a case against the defendant.

The judgment appealed from should be affirmed, with costs.

Dwight, P. J., and Macomber, J., concur