Wray v. Cox
Supreme Court of Alabama
Appeal to the Circuit Court of Macon. Tried before the Hon. Andrew B. Moore. Assumpsit by Mary D. Cox against Albert G. Wray, on the common counts.
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Appeal to the Circuit Court of Macon. Tried before the Hon. Andrew B. Moore. Assumpsit by Mary D. Cox against Albert G. Wray, on the common counts. On the trial, as appears from the bill of exceptions, the plaintiff, who was the defendant’s mother-in-law, “ introduced evidence that Susan M. Wray, defendant’s wife, was sent toiler house in October, 1848, by the defendant; that Mrs. Wray was insane when she arrived at plaintiff’s house, and so continued from that time during the years 1849 and 1850 ; that during these periods she was separated from her husband, who advanced neither money nor…
1Opinion of the CourtGoldthwaite, J.
Thc contract of marriage carries with it certain incidents, one of which is, that the husband shall supply the wife with necessaries. If he fails to perforin this duty, which grows out of this relation, without fault on the part of the wife, any other person may do it, and hold the husband responsible. — Jenkins v. Tucker, 1 H. B. 361; Ambrose v. Kerrison, 4 Eng. L. & E. Rep. 361; Read v. Legard, ib. 523. In such case, the marriage operates as a general letter of credit to the wife, for necessaries ; and it makes not the slightest difference, whether a tradesman supplied the articles, or…
2Cited by4 opinions
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Bates v. VarySupreme Court of Alabama · 1867
- Clanton v. EatonSupreme Court of Alabama · 1890
- Schelling v. County of KankakeeAppellate Court of Illinois · 1901