Baker v. Barney
New York Supreme Court
IN error, on certiorari. from a justice’s court. .The re-7 7 . J turn stated, that Barney sued Blake before the justice, ' v v and declared for goods sold to 311 97. The defendant , . , plead non assumpsit; and there was atrial by jury, lhe plaintiff proved the sale and delivery of the goods to the zvtfe Baker] on the 7th January, 1809, and his clerk Proved that the common report, at that time, was, that Baker did not live with his wife.
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IN error, on certiorari. from a justice’s court. .The re-7 7 . J turn stated, that Barney sued Blake before the justice, ' v v and declared for goods sold to 311 97. The defendant , . , plead non assumpsit; and there was atrial by jury, lhe plaintiff proved the sale and delivery of the goods to the zvtfe Baker] on the 7th January, 1809, and his clerk Proved that the common report, at that time, was, that Baker did not live with his wife. Barney proved that he and his wife, in December, 1808, parted by consent, about seven weeks before the goods were delivered to her ; and that he was to give…
1Per curiam
If the husband and wife part'by consent and he secures to her a separate maintenance, suitable to his condition and circumstances in life, and pays it according to agreement, he is not answerable even for necessaries ; and the general reputation of the separation will, in that case, be sufficient. It was so ruled by Holt, Ch. J. in Todd v. Stokes; (1 Salk. 116.) and this general doctrine seems to have been conceded in Nurse v. Craig, (5 Bos. & Pull. 148.) in which case all the authorities are carefully reviewed, and the extent of the husband’s responsibility, when he and "his wife part by…
2Cited by12 opinions
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
- Hatch v. . LeonardNew York Court of Appeals · 1901
- Bloomingdale v. BrinckerhoffNew York Court of Common Pleas · 1892
- Clark v. CoxMichigan Supreme Court · 1875
- Foote v. NickersonSupreme Court of New Hampshire · 1900
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