
    FRANKLIN E. SMITH, Respondent, v. BETSY CHURCH, Appellant.
    Pa/rent— liability of, for purchases of child — ratification.
    One who seeks to make a parent liable for purchases of a child, must show a failure on the part of the parent to discharge the obligation to provide necessaries for the infant, and that the goods supplied were in fact necessaries. (2 Kent’s Com., 193; Olinton v. Rowland, 24 Barb., 634.)
    A. child, without authority, purchased certain goods for himself, on his mother’s account, who, when the bill was presented to her, at first hesitated, but finally promised to pay it: held, that by so doing she ratified his act, and was liable for the price of the goods.
    Appeal from a judgment of the County Court, affirming a judgment in the Justice’s Court, in favor of the plaintiff.
    
      William S. Briggs, for appellant. Gha/rles S. BaTeer, for respondeat.
   Opinion by

Gilbert, J.

Present — MulliN, P. J., Smith and GilbeRt, JJ.

Judgment affirmed.  