Sulter v. Mustin
Supreme Court of Georgia
Husband and wile. Necessaries. Before Judge Schley. Chatham Superior Court. May Term, 1873. Henry Suiter petitioned for the writ of certiorari, making the following case: Elizabeth B. Mustin brought 'suit against petitioner for $12 50, it being the price of a¡ hat alleged to have been ordered from Mrs. Mustin by petitioner’s wife. Tfie case was heard on January 9th, 1873, before Levi S. Hart, Esq., a Notary Public and ex officio Justice of the Peace, for the third district.
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Husband and wile. Necessaries. Before Judge Schley. Chatham Superior Court. May Term, 1873. Henry Suiter petitioned for the writ of certiorari, making the following case: Elizabeth B. Mustin brought 'suit against petitioner for $12 50, it being the price of a¡ hat alleged to have been ordered from Mrs. Mustin by petitioner’s wife. Tfie case was heard on January 9th, 1873, before Levi S. Hart, Esq., a Notary Public and ex officio Justice of the Peace, for the third district. Petitioner pleaded the general issue. Mrs. Mustin testified that Mrs. Suiter ordered a hat from her, for which she (Mrs.…
1Opinion of the Court
McCay, Judge.
However it may be that the plea set up by the defendant is an unusual one at this day, yet it is none the less the law of this State, that the husband is only liable for necessaries bought by or furnished to the wife. And this is true, whether the liability turn on the presumed agency of the wife to purchase necessaries in his name, whilst they are living together, or upon his obligation to support her in case they be separated. In both cases it is only for necessaries that the husband is liable. As a matter of course, it is not required to constitute necessaries that they should…
2Cited by5 opinions
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- Bryan v. Rich's, Inc.Court of Appeals of Georgia · 1970