Perrin v. Wilson
Supreme Court of Missouri
ERROR to the St. Louis Court of Common Pleas. 1. The husband, Lewis J. Wilson, is liable for the debts of his wife, which existed before marriage. A husband’s liability for the debts of his wife is an incident to the principal contract, and as such, he cannot avoid answering for the debts of the wife. 2. Was the wife, before and at the time of the marriage, liable for the debt? We think she was.
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ERROR to the St. Louis Court of Common Pleas. 1. The husband, Lewis J. Wilson, is liable for the debts of his wife, which existed before marriage. A husband’s liability for the debts of his wife is an incident to the principal contract, and as such, he cannot avoid answering for the debts of the wife. 2. Was the wife, before and at the time of the marriage, liable for the debt? We think she was. The position assumed before the court below, was, that the wife being an infant at the time of contracting the debt, and the debt having been contracted for necessaries furnished, the father alone was…
1Opinion of the CourtScott, J.
This was an action for goods sold, begun in a justice’s court, and was taken to the Court of Common Pleas, where, on a trial, the defendants obtained a judgment.
The wife of the defendant was a minor in St. Louis, under the care of her father, who was a resident of Louisiana. The articles furnished were dresses, millinery, &c., and were not unsuited to the condition in life of the minor. The father refused to pay the account, and Wilson afterwards intermarrying with the minor, this suit was brought against them jointly.
There is no doubt that a husband is liable for the debts due by the wife…
2Cases cited1 opinion
- Sprague v. ShedNew York Supreme Court · 1812
3Cited by2 opinions
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984