Mitchell v. Dillard & Jones
Supreme Court of Alabama
APPEAL from the Circuit Court of Bullock. Tried before the Hon. J. McCaleb Wiley. This action was brought by Dillard & Jones, copartners,, against C. W. Mitchell and wife, for goods, wares, and merchandise, or family necessaries, valued at about three hundred and forty dollars, alleged to have been sold and delivered! to said C. "V7. Mitchell at his special instance and request;-: and it is sought to hold the wife’s separate statutory estate-in payment therefor.
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APPEAL from the Circuit Court of Bullock. Tried before the Hon. J. McCaleb Wiley. This action was brought by Dillard & Jones, copartners,, against C. W. Mitchell and wife, for goods, wares, and merchandise, or family necessaries, valued at about three hundred and forty dollars, alleged to have been sold and delivered! to said C. "V7. Mitchell at his special instance and request;-: and it is sought to hold the wife’s separate statutory estate-in payment therefor. The plaintiffs introduced evidence-showing that the defendant, C. W. Mitchell, bought of them, a certain bill of goods, consisting…
1Opinion of the CourtBrickell, C. J.
1. The duty of the husband is to maintain the wife according to his station in life. If during ■ cohabitation she contracts debts for necessaries, without his express authority, he is chargeable with their payment. For ■ordinary purchases, assent on his part is presumed — but if ■dissent was shown, and an absolute necessity for the purchase ■existed, the husband’s liability would result from the duty of maintenance, the law imposes.—2 Kent, 132 ; Hughes v. Chadwick, 6 Ala. 651; Zeigler v. David, 23 Ala. 129.
2. Notwithstanding the statutes divesting the husband’s ■eommon law rights to the…
2Cases cited6 opinions
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
- Baker v. BarneyNew York Supreme Court · 1811
- Mott v. ComstockNew York Supreme Court · 1832
- Punch & Duggan v. WalkeSupreme Court of Alabama · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
- Wright v. Strauss & Co.Supreme Court of Alabama · 1882
- Bradley v. MurraySupreme Court of Alabama · 1880