Bair v. Robinson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term, 1884, No. 215. Assumpsit by Andrew J. Bair against Joseph Robinson and Mary Robinson his wife. The narr. was in the usual form to charge a married woman for necessaries, under the Act of April 11th, 1848 (P. L. 536). Pleas, non assumpsit, payment with leave, &c. On the trial, before Yerkes, J., the plaintiff testified : “ I am a furnishing undertaker.
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Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term, 1884, No. 215. Assumpsit by Andrew J. Bair against Joseph Robinson and Mary Robinson his wife. The narr. was in the usual form to charge a married woman for necessaries, under the Act of April 11th, 1848 (P. L. 536). Pleas, non assumpsit, payment with leave, &c. On the trial, before Yerkes, J., the plaintiff testified : “ I am a furnishing undertaker. Mr. Pechin came to my place of business and told me old Mrs. MeClay was dead, and that her daughter, Mrs. Robinson, wanted me to come up. I went to Mrs.…
1Opinion of the CourtJustice Gordon
We cannot agree with the court below that the funeral expenses of the mother of the defendant did not come within the 8th section of the Act of 1848. She was certainly as much part of that family as was a child or servant. In support of this position the ’citation of authorities is not necessary for we do not understand that it was denied in the court below. It is true, that the counsel for the defendant now assumes the contrary, but this assumption is wholly without foundation, for that all persons who dwell together under a common head as a household are embraced by the word “family” is so…
2Cited by20 opinions
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- Estate of Cora A. McGinnisSuperior Court of Pennsylvania · 1933
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