Legal Opinion

Prescott v. Webster

Massachusetts Supreme Judicial Court

Decided March 1, 1900PublishedCited by 4 opinions

Contract, for board furnished the defendant’s wife. Trial in the Superior Court, without a jury, before Bishop, J., who refused to give a ruling requested by the defendant and found for the plaintiff; and the defendant alleged exceptions. If the ruling and refusal to rule were erroneous the finding was to be set aside and judgment entered for the defendant; otherwise, judgment on the finding.

1Opinion of the CourtHammond, J.

The general rule is that when the wife lives apart from her husband without any fault on her part, the husband is liable for her adequate maintenance in her station in life, and in case he fails in that duty, he is liable to any third person for necessaries furnished to the wife; Liddlow v. Wilmot, 2 Stark. 86; Chit. Con. (13th ed.) 238 et seq.; Mayhew v. Thayer, 8 Gray, 172; Hall v. Weir, 1 Allen, 261, and cases there cited; and we know of nothing in our statutes respecting the relations of husband and wife to each other, and to the property of each other, which should change this rule so…

2Cited by4 opinions

  1. Fisher v. DrewMassachusetts Supreme Judicial Court · 1924
  2. Commonwealth v. WhistonMassachusetts Supreme Judicial Court · 1940
  3. Carroll v. CarrollNevada Supreme Court · 1928
  4. Pinner v. TempleMassachusetts Supreme Judicial Court · 1935

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