Present : Loos A. J.

SILVA v. FERNANDO.

327- C. R. Negombo, 25,337.

Husband and wife-Implied authority to pledge husband's credit-Waiver of debt.

A presumption of authority from the mere fact of cohabitation would not extend beyond the pledging by the wife of her husband's credit for necessaries ; there is no presumption of authority to borrow money in his name ; and, similarly, there would be no presumption of authority to waive a claim for money due to her husband.

THE facts appear from the judgment.

A. St. V. Jayawardene, for defendant, respondent.

Canakeratne, for plaintiff, appellant.

March 26, 1919. Loos A.J.-

The plaintiff became entitled to a share of certain premises of which defendant was the tenant in January, 1916, and in June, 1917, he sued the defendant for the rent due in respect thereof. Defendant filed answer alleging the payment of a sum of Rs. 505 to plaintiff's predecessor in title between March, 1912, and October, 1915, on the understanding that that sum was to be set off against the rent due by him, and that, after setting it off against the rent due to September, 1917, there was still a balance due to him. The d