Williams v. Vreeland, 250 U.S. 295 (1919)

Williams v. Vreeland


No. 318


Submitted April 23, 1919
Decided June 2, 1919
250 U.S. 295

ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

Where both parties, without more, request a peremptory instruction, they thereby assume the facts to be undisputed and, in effect, submit to the trial judge the determination of the inferences proper to be drawn from them, and his finding must stand upon review if supported by proper evidence. P. 298.

A husband, without his wife’s knowledge or consent, caused shares of a national bank to be issued and entered on its books in her name, and afterwards, telling her that it was a mistake, induced her to indorse them for transfer in blank to correct the supposed error, and with no intention to ratify, affirm, or acquiesce in his unauthorized act. Held that the facts could be shown, and that the wife was not liable to assessment although the shares remained in her name on the books when the bank failed. Id.

Approval, ratification, and acquiescence all presuppose the existence of some actual knowledge of the prior action and what amounts to a purpose to abide by it. P. 299.

244 F. 346 affirmed.

The case is stated in the opinion.