Ray v. Adden
Supreme Court of New Hampshire
Assumpsit, by Ossian Ray against Edward E. Adden, for professional services rendered defendant’s wife at her request. Defendant commenced a libel for divorce against his wife, for the alleged cause of adultery, which was entered in court at July term, 1866, for Coos county, and continued from term to term until the March adjourned term, 1870, when, upon hearing, said libel was dismissed without prejudice.
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Assumpsit, by Ossian Ray against Edward E. Adden, for professional services rendered defendant’s wife at her request. Defendant commenced a libel for divorce against his wife, for the alleged cause of adultery, which was entered in court at July term, 1866, for Coos county, and continued from term to term until the March adjourned term, 1870, when, upon hearing, said libel was dismissed without prejudice. At the July term, 1867, on application of the libellee, an allowance of thirty dollars was granted her by the court to aid her in defending said libel, which was paid by the defendant.…
1Opinion of the CourtSargent, J.
The liability of the husband upon the contracts of his wife must rest either upon the ground of his assent, or approval of the same, or because the law of marriage has imposed upon him the duty of supplying her with necessaries during the marriage, 'until she has relinquished or forfeited a right to claim them, by her own voluntary act, misconduct, or crime.
The case finds that here was no promise or assent on the part of the husband to pay this plaintiff, and this claim is put upon the ground of necessaries.
That the husband is liable for necessaries thus furnished to the wife, such as…
2Cases cited2 opinions
- Shelton v. PendletonSupreme Court of Connecticut · 1847
- Wing v. HurlburtSupreme Court of Vermont · 1843
3Cited by4 opinions
- Southern New Hampshire Medical Center v. HayesSupreme Court of New Hampshire · 2010
- Meyers & Batzell v. MoezieDistrict of Columbia Court of Appeals · 1965
- Sargent v. UsherSupreme Court of New Hampshire · 1875
- Southern New Hampshire Medical Center v. HayesSupreme Court of New Hampshire · 2010