Legal Opinion

H. M. Patterson & Son v. Payne

Court of Appeals of Georgia

Decided September 27, 1954No. 35260PublishedCited by 2 opinions

1Opinion of the CourtFelton, C. J.

Where a wife dies while living separate and apart from her husband, there is no prima facie presumption or inference that the husband is legally liable for the funeral expenses of the wife, since it is the fact of their living together which is the basis for such a presumption; and where a funeral home under such circumstances furnishes funeral articles and services on the order of a niece and sister of the deceased, the burden of proof is upon the funeral home, in an action on open account against the husband, to show that the articles and services were furnished under circumstances making…

2Cases cited2 opinions

  1. Mitchell v. TreanorSupreme Court of Georgia · 1852
  2. Harris v. BerryCourt of Appeals of Georgia · 1934

3Cited by2 opinions

  1. Waxelbaum v. Citizens & Southern National BankCourt of Appeals of Georgia · 1969
  2. Whitley v. CurringtonCourt of Appeals of Georgia · 1962

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