M'Lean v. Jagger

<p>This cause" was tried in a justice’s court, before A. Dan, justice of the peace, and a jury.</p> <p>The plaintiff complained by a bill of various items, amounting to $80 : one of the items was that defendant had borrowed $10 of plaintiff’s wife.</p> <p>6 The defendant denied several of the items of account, set up a counter-claim, and admitted borrowing $10 of plaintiff’s wife, and claimed that he had paid the same to her.</p> <p>Upon the trial the defendant offered to show by twm witnesses that plaintiff’s wife had told them that she had loaned defendant $10, and that he had repaid her in full.</p> <p>The plaintiff objected to the admissions of his wife as evidence. The court overruled the objection, and admitted the testimony. The jury gave a verdict for the defendant for $22.33 and costs.</p> <p>The plaintiff appealed to this court, which was heard and decided at Goshen, Dec. 9th, 1856.</p> <p>Urged that the justice improperly admitted the declarations of the plaintiff’s wife as evidence on the trial, and cited Pillow & wife agt. Bushnell, (4 How. Prac. R. 9,) Erwin agt. Smaller, (2 Sand. 340.)</p> <p>Contended that the plaintiff’s wife acted as his agent in the transaction, and, as such agent, he was bound by her acts and admissions, and that they were properly admitted in evidence against him, and cited Church agt. Sanders, (10 Wend. 79,) Hopkins agt. Mollineaux, (4 id. 465,) Darcy agt. The Chemical Bank, (2 Hall, 45,) Fenner agt. Lewis, (10 J. R. 38,) Riley agt. Suydam, (4 Barb. 222,) Emmerson agt. Blander, (1 Esp. Rep. 142,) Gregory agt. Parker, (1 Campl. N. P. 364,) Williams agt. Johnson, (1 Stra. 504, and 527.)</p>