Bell v. Tuttle

The statute provides that no discharge of an insolvent debtor shall bar any claim for necessaries furnished to him or to his family, unless it was proved against his estate St. 1848, c. 304, § 10. The claim which the plaintiff seeks to recover in this" action was for rent for a dwelling-house occupied by the defendant and his wife and their three or four children, and was not proved against his estate. The question therefore is, whether it was a debt for necessaries within the meaning of the statute. The presiding judge ruled at the trial that it was and this ruling we think was correct. A…