Hume v. Smith

Nichols, Judge.

The defendant’s answer alleged in part: “For further answer the defendant says that the sum sued for is the legal obligation of her former husband, Joseph D. Cook. Defendant says that while she arranged for the items sued for to be furnished, she did so as the wife of Joseph D. Cook, and that the same were necessaries, and not an individual undertaking on the part of this defendant.” There was no contention that the defendant was the agent of her then husband, other than as his wife, or that he would- be liable for the materials and labor furnished other than because he was…