Rochester General Hospital v. Ingstrum

The Rochester General Hospital appeals from a judgment denying it a recovery against the respondent Thomas C. Ingstrum. The action was brought to recover for hospital services furnished to respondent’s wife. These services were determined to be, and are conceded to be, “ necessaries.” Recovery was denied, however, because (1) the wife was living apart from her husband “ without legal cause for separation, though with defendant’s consent;” and by reason thereof the implied agency which the wife had by reason of the marital relation was suspended; and (2) that in rendering its services the…