Eames v. Sweetser
Massachusetts Supreme Judicial Court
Contract to recover the price of goods sold and delivered by the plaintiffs to the wife of the defendant for her own clothing. A savings bank was summoned as trustee. The case was tried in the superior court before Lord, J., who made the following report: “ It was agreed that the defendant and his wife were married on October 18,1865, and had since resided in Lowell as husband and wife up to the day of the sale of the goods sued for. The sale and delivery were admitted.
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Contract to recover the price of goods sold and delivered by the plaintiffs to the wife of the defendant for her own clothing. A savings bank was summoned as trustee. The case was tried in the superior court before Lord, J., who made the following report: “ It was agreed that the defendant and his wife were married on October 18,1865, and had since resided in Lowell as husband and wife up to the day of the sale of the goods sued for. The sale and delivery were admitted. It was agreed that the goods were purchased by the wife without the previous knowledge or the subsequent consent or…
1Opinion of the CourtHoar, J.
There was no evidence at the trial, so far as the report shows, that the wife, at the time she purchased the goods for which the plaintiffs seek to charge her husband, had eloped, or been guilty of any misconduct which affected her rights. She was about to visit her sister, and there is nothing to show that this was improper for her to do. When she returned, her husband refused to receive her; but for what reason does not appear.
We have then the well settled and elementary rule of law, that, if a husband refuses or neglects to supply his wife with what is necessary for decency and comfort in…
2Cited by11 opinions
- Inhabitants of Sturbridge v. FranklinMassachusetts Supreme Judicial Court · 1893
- Raynes v. BennettMassachusetts Supreme Judicial Court · 1874
- Fisher v. DrewMassachusetts Supreme Judicial Court · 1924
- Jordan Marsh Co. v. HedtlerMassachusetts Supreme Judicial Court · 1921
- Jordan Marsh Co. v. CohenMassachusetts Supreme Judicial Court · 1922
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