Brown v. Mudgett
Supreme Court of Vermont
Book account to recover for a bill of goods furnished the defendant’s wife. Judgment to account was rendered, and an auditor appointed, who made a report, the substance of which is stated in the opinion of the court. Upon the report, the county court, Pier-point, Ch. J., presiding, at the September Term, 1867, rendered judgment, pro forma, for the plaintiffs to recover the amount found by the auditor, $76 84, with interest, — to which the defendant excepted.
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Book account to recover for a bill of goods furnished the defendant’s wife. Judgment to account was rendered, and an auditor appointed, who made a report, the substance of which is stated in the opinion of the court. Upon the report, the county court, Pier-point, Ch. J., presiding, at the September Term, 1867, rendered judgment, pro forma, for the plaintiffs to recover the amount found by the auditor, $76 84, with interest, — to which the defendant excepted. M. D. Heath, for the defendant, maintained that the defendant was not originally liable. Reeves’ Domestic Relations. 80, 81, 82 ; 2…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
The -question whether or not the defendant is liable and bound to pay the plaintiffs’ claim for the articles furnished the wife of the defendant, and which they seek to recover in this action, arises and is submitted to us upon the report of a referee. The articles referred to, the referee finds, were both in kind and amount necessaries — not unsuitable to the state and degree of the defendant and his wife, and her reasonable necessities under the circumstances.
I. It is undeniable, as a general proposition, that if a wife purchases, on the…
2Cases cited1 opinion
- Norcross v. RodgersSupreme Court of Vermont · 1858
3Cited by11 opinions
- Maschauer v. DownsCourt of Appeals for the D.C. Circuit · 1923
- Rutland Railway, Light & Power Co. v. WilliamsSupreme Court of Vermont · 1916
- Pierce's Administrator v. PierceSupreme Court of Vermont · 1894
- Peaks v. MayhewSupreme Judicial Court of Maine · 1901
- Weinstein v. LotsoffAppellate Court of Illinois · 1924
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