Ferren v. Moore
Supreme Court of New Hampshire
Assumpsit, for necessaries furnished the wife of the defendant while living separate from him. Facts found by a referee.
1Opinion of the CourtDoe, C. J.
As we understand the referee’s report, the question is, whether the defendant’s duty to support his wife ceased when she committed adultery in pursuance of his express written license, given, with deliberation and without solicitation, upon condition that she should not look to him for support. What he consented to he cannot complain of in this suit. The execution of their agreement that she should violate their marriage contract was not a justification of his violating that contract by turning her out of doors, and refusing to support her. He can no more enforce tbe condition of his license…
2Cases cited2 opinions
- Harris v. WebsterSupreme Court of New Hampshire · 1878
- Cross v. CrossSupreme Court of New Hampshire · 1878
3Cited by1 opinion
- Parsons v. McLaneSupreme Court of New Hampshire · 1887