The Pacific Reporter Volume 132 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...1S89, p. 328, declaring, on a conveyance to a married woman, the presumption is that the title vests in her as her separate property. Ed. Note.--For other cases, see Husband and Wife, Cent. Dig. 424-129, 447; Dec. Dig. 119. 3. Husband And Wife ( 138)--Authority Of Husband As Agent--Evidence. Though the authority of a husband to represent his wife in the control of her separate property is not presumed merely from the marital relation, yet the authority may be established by circumstantial evidence, and as between husband and wife less evidence is needed than is ordinarily required. Ed. Note.--For other cases, see Husband and Wife, Cent. Dig. g 524-537; Dec. Dig. 138. 4. Husband And Wife ( 146)--agencyLiability Of Husband Acting As Agent Fob Wife. A husband employing architects to draw plans for use and actually used in the construction of a building on the wife's land is not individually liable to the architect where he acted as her agent or where she ratified the contract made for her benefit. Ed. Note.--For other cases, see Husband and Wife. Cent. Dig. 567-572, 796; Dec. Dig. 146. Appeal from Superior Court, City and County of San Francisco; H. D. Burroughs, Judge. Action by the Rauer's Law & Collection Company against Frances C. Berthiaume and another. From a judgment for plaintiff, defendants appeal. Reversed as to defendant II. N. Berthiaume, and affirmed as to defendant named. Ames & Manning, of San Francisco, for appellants. Wm. Tomsky, of San Fracisco, for respondent LEXNON, P. J. This Is an apreal from a judgment and from an order denying a new trial upon the judgment roll and a statement of the case. The defendants in this action are husband and wife. Plaintiff's first cause of action is ...