Legal Opinion

Pool v. . Everton

Supreme Court of North Carolina

Decided June 5, 1858PublishedCited by 6 opinions

Tins was an action of assumpsit, brought before a justice of the peace, and by appeal taken to the Superior Court of Pas-quotank, where it was tried before Dick, J., at last Fall Term. The plaintiff was a physician and declared for professional services rendered to the wife of the defendant while she was living apart from him; he living in the country on his farm, and she in Elizabeth City.

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Tins was an action of assumpsit, brought before a justice of the peace, and by appeal taken to the Superior Court of Pas-quotank, where it was tried before Dick, J., at last Fall Term. The plaintiff was a physician and declared for professional services rendered to the wife of the defendant while she was living apart from him; he living in the country on his farm, and she in Elizabeth City. The defendant had given public notice, by advertisement in the town and vicinity, that he would not be liable for the debts of his wife, and the plaintiff was aware of such notice having been given at the…

1Opinion of the CourtPearson, J.

According to the common law, the legal existence of the wife is merged in that of the husband, so that she is incapable of making a contract, whereby to bind either-herself or her husband. She may, however, as his agent, make a contract that will be valid as to him, and an agency may be constituted, either by express authority or by implication, in respect to such matters as are usually confided to. the wife.

J3'ut this implication of agency can only be made while the parties continue to live together. If they separate, and live apart, the idea of an implied agency is out of the question. The…

2Cases cited1 opinion

  1. M'Cutchen v. M'GahayNew York Supreme Court · 1814

3Cited by6 opinions

  1. Forsyth Memorial Hospital, Inc. v. ChisholmSupreme Court of North Carolina · 1996
  2. Cole v. AdamsCourt of Appeals of North Carolina · 1982
  3. Sibley, Lindsay & Curr v. GilmerSupreme Court of North Carolina · 1899
  4. McQuay v. McQuayMontana Supreme Court · 1930
  5. Forsyth Memorial Hospital, Inc. v. ChisholmCourt of Appeals of North Carolina · 1995

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