Hultz v. Gibbs
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 189, to October and November Term 1869., This was an action of assumpsit to September Term 1868 by James Gibbs against Zedick Hultz.
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Error to the Court of Common Pleas of Allegheny county: No. 189, to October and November Term 1869., This was an action of assumpsit to September Term 1868 by James Gibbs against Zedick Hultz. The plaintiff filed with his precipe an affidavit of his claim, viz.: “ that .Zedick Hultz, the above defendant, is justly indebted to him in the sum of four hundred and sixty-five dollars for the boarding of his (said Hultz’s) wife at the rate or price of $5 per week, all of which is due and unpaid.” A copy of the account stating the items was attached. The defendant filed an affidavit as follows :— “…
1Opinion of the Court
The opinion of the court was delivered, November 14th 1870, by
Thompson, C. J.
— When a husband turns his wife out of doors without any reasonable or just cause, or forces her to withdraw from him, without any means for her support, the law implies that he has given her credit, to supply herself with such necessaries as are suitable and proper for her to have; namely: clothing, boarding, lodging, and the like. Her condition would be deplorable, indeed, if this were not so, because of her inability to contract for such things, and to obtain them, if she happens to have no separate estate. When,…
2Cited by4 opinions
- Howe v. HoweSuperior Court of Pennsylvania · 1901
- Monahan v. AumanSuperior Court of Pennsylvania · 1909
- Bickerton v. TanneySuperior Court of Pennsylvania · 1950
- First Pennsylvania Banking & Trust Co. v. Crozer, Pennsylvania Court of Common Pleas, Chester County1971