Sibley, Lindsay & Curr v. Gilmer
Supreme Court of North Carolina
Civil ActioN upon an account for goods sold and delivered, tried on appeal from tbe Justice’s Court of GuilNObd County, before Robinson, J., at a Special January Term, 1898, of tbe Superior Court.
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Civil ActioN upon an account for goods sold and delivered, tried on appeal from tbe Justice’s Court of GuilNObd County, before Robinson, J., at a Special January Term, 1898, of tbe Superior Court. The plaintiffs, a mercantile firm of Rochester, N. Y., dealers in dry goods, offered in evidence an itemized and verified account for goods charged to Mrs. E. L. Gilmer, Greensboro, N. C., to the amount of $82.07, subject to a credit of $20.81 — balance claimed $61.26. The account commenced September 29, 1894, and closed December 24, 1894. The plaintiffs claimed that while the goods were sold to…
1Opinion of the Court
Montgomery, J".
Tbe only question presented in tbis case Is: Is tbe busband liable for the price of goods (ladies’ apparel), not necessaries, sold to bis wife, after separation, by one who had previous to tbe separation, sold to her, on credit at various times, goods which were afterwards paid for by the husband, tbe seller having been ignorant of tbe separation at the time of the last sale ? What constitutes “necessaries,” and what are the nature and extent of the husband’s liability for “necessaries” furnished to his wife, either while they are living together or living apart, though…
2Cases cited2 opinions
- Pool v. . EvertonSupreme Court of North Carolina · 1858
- Webster v. . LawsSupreme Court of North Carolina · 1883
3Cited by5 opinions
- Hanford v. McSwainSupreme Court of North Carolina · 1949
- Dudley v. Montgomery Ward & Co.Court of Appeals of Maryland · 1969
- Cole v. AdamsCourt of Appeals of North Carolina · 1982
- Forsyth Memorial Hospital, Inc. v. ChisholmCourt of Appeals of North Carolina · 1995
- Brown v. Greensboro Tire Automotive Serv.North Carolina Industrial Commission · 1997