M'Gahay v. Williams
New York Supreme Court
IN ERROR, on certiorari, to a justice s court. , , . . Williams brought an action against M-GaJxay, m the court below, for the board and lodging of M‘Gahay’s wife. The cause was tried before a jury.
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IN ERROR, on certiorari, to a justice s court. , , . . Williams brought an action against M-GaJxay, m the court below, for the board and lodging of M‘Gahay’s wife. The cause was tried before a jury. The marriage of M‘Gahay, the defendant below, with Eleanor, his wife, was admitted; and it appeared from the evidence returned, that the defendant and his wife had lived separate for about twelve years; during which time she had supported herself, until she was no longer 'able to do so. Before she left her husband she had borne him a child ; and it was proved that she was a woman of unblemished…
1Per curiam
This case comes before the court on a certiorari to a justice’s court. The suit in the court below was for necessaries furnished MtGahay,s wife. There was some controversy as to the marriage; but that ground was finally abandoned by the defendant below, and the marriage admitted; and the only question was as to the liability of M‘Gahay to maintain his wife. In the case of M'Cutchen against the same defendant, (11 Johns. Rep. 281.) we adopted this principle: That if a woman leaves her husband, and lives separately from him, he is not liable to her contracts for necessaries, although the person…
2Cited by6 opinions
- Edgerton v. EdgertonMontana Supreme Court · 1892
- Blowers v. SturtevantNew York Supreme Court · 1847
- Oinson v. HeritageIndiana Supreme Court · 1873
- Descelles v. KadmusSupreme Court of Iowa · 1859
- Walker v. LaightonSuperior Court of New Hampshire · 1855
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