Day v. Burnham
Supreme Court of Vermont
Book Account. Judgment to account was rendered and an auditor was appointed, who reported the fact's as follows : The plaintiffs were dry goods dealers in Brattleboro, and at the request of the defendant’s wife, then living with the defendant, sold to her the articles charged on their book, which were appropriate to the reasonable wants of the defendant’s family, and were actually applied by the defendant’s wife to the supply of such wants.
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Book Account. Judgment to account was rendered and an auditor was appointed, who reported the fact's as follows : The plaintiffs were dry goods dealers in Brattleboro, and at the request of the defendant’s wife, then living with the defendant, sold to her the articles charged on their book, which were appropriate to the reasonable wants of the defendant’s family, and were actually applied by the defendant’s wife to the supply of such wants. But when she purchased these articles, she requested the plaintiffs not to call on the defendant, her husband, for the pay, and expressed the wish to pay…
1Opinion of the CourtAldis, J.
1st. We think the auditor in using the words-— “ articles appropriate to the wants of the defendant’s family and *39actually applied by the defendant’s wife to such wants ” — meant not only that the articles belonged to the class called necessaries, but were also necessary for the defendant’s family. The finding of the auditor stands upon this construction. He does not say the defendant furnished all the necessaries, but only that he believed he did.
Neither can we find from the auditor’s report that the articles were furnished the wife on her credit. On the contrary, it appears from Exhibit A,…
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