Legal Opinion

Rotch v. Miles

Supreme Court of Connecticut

Decided November 15, 1818PublishedCited by 9 opinions

THIS was an action of assumpsit, for the use and occupation of a house in Boston, belonging to Elam, the intestate, ° S¡irp(] and oiTi(])ic'd by Mrs. .Mari) Miles, while she was The cause was tried at JVew-Haven, August term, 1818, before Swift, Ch. J. and Braviará and Chapman, Js. ft was admitted, that Mrs. Miles, then the defendant** wife, had occupied, from the 13th of July, 1811, to the time of Elam's death, on the 25th of October, 1813, the house mentioned in the…

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THIS was an action of assumpsit, for the use and occupation of a house in Boston, belonging to Elam, the intestate, ° S¡irp(] and oiTi(])ic'd by Mrs. .Mari) Miles, while she was The cause was tried at JVew-Haven, August term, 1818, before Swift, Ch. J. and Braviará and Chapman, Js. ft was admitted, that Mrs. Miles, then the defendant** wife, had occupied, from the 13th of July, 1811, to the time of Elam's death, on the 25th of October, 1813, the house mentioned in the declaration, at the rent of 800 dollars per annum, in that part of the time which elapsed during the late war, and at 1,000…

1Opinion of the Court

Switt, Ch. J.

In this case, the court decided, that where ¡ husband deserts his wife and children, and leaves her keeping a boarding-house, without furnishing the means for her support, and docs not return, or make any provision for them, and the wife continues the business in which her husband left her, conducting in a reasonable and proper manner, to obtain a support for herself and children, the husband is liable for her contracts made in the course of such business : uid the question is, whether this decision was correct. The defendant rests his defence on the ground, That the wife, can…

2Cited by9 opinions

  1. Benjamin v. BenjaminSupreme Court of Connecticut · 1843
  2. Peck v. Marling's Adm'r.West Virginia Supreme Court · 1883
  3. Colburn's Appeal From ProbateSupreme Court of Connecticut · 1902
  4. Casteel v. CasteelIndiana Supreme Court · 1846
  5. Jenkins v. FlinnIndiana Supreme Court · 1871

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