Cheshire Medical Center v. Holbrook

This interlocutory transfer without ruling from the Superior Court (Mangones, J.) poses several questions relating to the common law doctrine of necessaries, under which a husband is bound to pay for necessary medical services furnished to his wife. We hold that a husband or wife is not liable for necessary medical expenses incurred by his or her spouse unless the resources of the spouse who received the services are insufficient to satisfy the debt.

The facts are not in dispute. In March 1993, the defendants, Rachel R. Holbrook and Robert W. Holbrook, were married and *188shared a residence.…