Alley v. Winn
Massachusetts Supreme Judicial Court
Contract for necessaries furnished to Susan B. Winn, the wife of the defendant, while living apart from him, from October 14, 1881, to February 7, 1882. At the trial in the Superior Court, before Oolburn, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion. x
1Opinion of the CourtDevens, J.
At the trial, upon the evidence offered upon both sides, the court ruled that “ the wife had no justifiable cause to leave her husband, and could not carry his credit with her on that account.” ■ To this ruling no objection was made, but, against the defendant’s objection, the court also instructed the jury, that if the husband and wife were living separately and apart by mutual consent or his voluntary consent, and she had no means of support, and he had made no provision for her support, he would be liable to pay for articles furnished her which were necessaries, during such separation or…
2Cases cited1 opinion
- Raynes v. BennettMassachusetts Supreme Judicial Court · 1874
3Cited by24 opinions
- Commonwealth v. RichardsSupreme Court of Pennsylvania · 1890
- Bailey v. DillonMassachusetts Supreme Judicial Court · 1904
- Fisher v. DrewMassachusetts Supreme Judicial Court · 1924
- Groce v. First National Stores Inc.Massachusetts Supreme Judicial Court · 1929
- Jordan Marsh Co. v. HedtlerMassachusetts Supreme Judicial Court · 1921
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