McCreery v. Scully
Superior Court of Pennsylvania
Appeal, No. 183, April T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1915, No. 67, on verdict for defendant in case of MeCreery & Company v. Ida Walton Scully. . Assumpsit against a married woman for necessaries. Before Brown, J. At the trial it appeared that the claim was for $75.91, being mostly for articles of clothing and furniture. Other facts appear by the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appeáled.
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Appeal, No. 183, April T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1915, No. 67, on verdict for defendant in case of MeCreery & Company v. Ida Walton Scully. . Assumpsit against a married woman for necessaries. Before Brown, J. At the trial it appeared that the claim was for $75.91, being mostly for articles of clothing and furniture. Other facts appear by the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appeáled. Error assigned was in overruling plaintiff’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Henderson, J..
• :Thé áppéílant seeks tó Recover a judgment against the defendant fór mérchañdisé 'alleged to be ’necessaries-furnished to her family on her credit. • No’evidence" was offered to show that she contracted the debt or promised *526to pay it. It is admitted, that she was living with her husband and the evidence shows the merchandise was used by the members of the family. A common fund was kept to which she and her husband contributed and the family expenses were paid out of the fund. The defendant had not observed whether the account was kept in her name or that of her…
2Cases cited3 opinions
- Moore v. CopleySupreme Court of Pennsylvania · 1895
- Berger v. ClarkSupreme Court of Pennsylvania · 1875
- Clothier v. WolffSuperior Court of Pennsylvania · 1917
3Cited by6 opinions
- Dublino v. Natale Et Ux.Superior Court of Pennsylvania · 1935
- Kind v. BodekSuperior Court of Pennsylvania · 1917
- Burns v. Birrell, Pennsylvania Court of Common Pleas, Bucks County1950
- Charles H. Bear & Co. v. Zech, Pennsylvania Court of Common Pleas, York County1929
- Gentry, Inc. v. Maylath, Pennsylvania Court of Common Pleas, Northampton County1969
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