Forsyth Memorial Hospital, Inc. v. Chisholm

THOMPSON, Judge.

The question presented by this appeal is whether or not a wife can be held liable under the necessaries doctrine for the unpaid medical bills of her husband when at the time her husband was admitted *609to the hospital and the services were rendered she had been living separate and apart from her husband for a period of two years. We hold that under the circumstances present here the separation of the parties precludes the hospital from recovering the unpaid medical bills.

Shirley B. Chisholm (Ms. Chisholm) and Melvin Chisholm (Mr. Chisholm) were married in June of 1953. Ms.…