Joseph Frost & Co. v. Willis
Supreme Court of Vermont
This was an action of book account, wherein a judgment to account was rendered in the county court, and an auditor appointed, who afterwards reported, in substance, that on the hearing before him, it was proved that, in January, 1838, the defendant, who resided in 'Westford, in the county of Chit-tenden, having sold his farm there, contemplated removing thence, and that his wife came to Bridport, with his consent, to visit her friends, who resided there, and brought her two…
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This was an action of book account, wherein a judgment to account was rendered in the county court, and an auditor appointed, who afterwards reported, in substance, that on the hearing before him, it was proved that, in January, 1838, the defendant, who resided in 'Westford, in the county of Chit-tenden, having sold his farm there, contemplated removing thence, and that his wife came to Bridport, with his consent, to visit her friends, who resided there, and brought her two children with her, with the understanding between the defendant and his wife that the defendant was to send for her when…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It seems that, in January, 1839, the defendant sold out his place at Westford, and was about to leave the town, and under these circumstances, his wife, b.y his consent, left and came to Bridport, with her two children; and while she and her children remained at that place, the plaintiffs furnished her with goods, on the credit of her husband, to the amount of thirty-four dollars, and the auditor has found the fact that they were necessary for her comfort, and that of her children.
The husband, it is well settled, is liable for necessaries…
2Cited by2 opinions
- Forrester v. HurttHawaii Supreme Court · 1907
- Morris v. PalmerSupreme Court of New Hampshire · 1859