Vusler v. Cox
Supreme Court of New Jersey
On certiorari to Warren Pleas to review a judgment of that, court upon the trial of an appeal from a justice’s court. This suit was brought by Dr. Henry M. Cox, a physician,, against the executors of George Vusler, deceased, to recover a bill for medical services rendered to .the testator’s wife between March 27th, 1883, and October 2d of the same year..
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On certiorari to Warren Pleas to review a judgment of that, court upon the trial of an appeal from a justice’s court. This suit was brought by Dr. Henry M. Cox, a physician,, against the executors of George Vusler, deceased, to recover a bill for medical services rendered to .the testator’s wife between March 27th, 1883, and October 2d of the same year.. The testator died in May, 1886. The court certified that prior to May, 1880, the testator and his wife lived together for five or six years; that on or about the 5th of May the testator’s wife, in his absence, moved away from his house and…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
It may be inferred from the case certified, and will be assumed, that the plaintiff rendered these services to the testator’s wife without knowledge that she was living in a ■state of separation from her husband.
The liability of a husband on a contract made by the wife is usually ascribed to those principles which are applicable to the relation of principal and agent.
Where husband and wife are living together, the wife has implied authority to pledge her husband’s credit for such *518things as fall within the domestic department ordinarily…
2Cases cited1 opinion
- Blowers v. SturtevantNew York Supreme Court · 1847
3Cited by9 opinions
- Lynde v. LyndeSupreme Court of New Jersey · 1902
- Dudley v. Montgomery Ward & Co.Court of Appeals of Maryland · 1969
- George v. GeorgeNew Jersey Court of Chancery · 1941
- Pierson v. PiersonNew Jersey Court of Chancery · 1937
- Smedley v. SweetenNew Jersey Superior Court Appellate Division · 1950
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