Lockwood v. Thomas
New York Supreme Court
THIS was an action of assumpsit, for goods sold to the defend* ant, and delivered to his wife, and also for the price of several articles of apparel, and other necessaries, furnished by the plaintiff to the wife.' The cause was tried in July,' 1814, before his honour, the chief justice.
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THIS was an action of assumpsit, for goods sold to the defend* ant, and delivered to his wife, and also for the price of several articles of apparel, and other necessaries, furnished by the plaintiff to the wife.' The cause was tried in July,' 1814, before his honour, the chief justice. The articles, tor the price ol which the action was brought, were delivered previously to the 1st January, 1814, and the yajuf¡ tjiem, with interest, amounted to pne hundred and twenty-seven dollars, and twenty-five cents. They were proved to have been necessary and suitable to the rank, degree, and station in…
1Opinion of the CourtYates, J.
The husband is bound, by law, to provide necessaries for his wife, as much as for himself; and if she contracts debts for them, he is obliged to pay such debts ; but for any thing beside necessaries he is not "chargeable: and whát are necessaries must be ascertained by a jury, from the rank and- circumstances of her husband. (1. Black. Com. 442.) Where there js cohabitation, the principie, cannot be- questioned, because that, of itself, is deemed evidence of his assent to. contracts, by her, for necéssariese When the husband and .wife are separated, and a sufficient amount in money has not…
2Cases cited1 opinion
- Columbian Insurance v. LynchNew York Supreme Court · 1814
3Cited by6 opinions
- Calkins v. LongNew York Supreme Court · 1855
- Bloomingdale v. BrinckerhoffNew York Court of Common Pleas · 1892
- Forrester v. HurttHawaii Supreme Court · 1907
- Clothier v. SigleSupreme Court of New Jersey · 1906
- Dennison v. DennisonNew York Supreme Court · 1906
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