Walker v. Laighton
Superior Court of New Hampshire
Assumpsit, for goods sold and delivered. The goods were described in a specification as provisions and other articles, furnished to the defendant’s family, from June 23 to December 24,1853. The case was referred to an auditor, who reported the following facts. Prior to February, 1853, the defendant, his wife, and three minor daughters, the eldest about eighteen years of age, resided together in his house on Vaughan Street, in Portsmouth.
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Assumpsit, for goods sold and delivered. The goods were described in a specification as provisions and other articles, furnished to the defendant’s family, from June 23 to December 24,1853. The case was referred to an auditor, who reported the following facts. Prior to February, 1853, the defendant, his wife, and three minor daughters, the eldest about eighteen years of age, resided together in his house on Vaughan Street, in Portsmouth. For some reason unknown to the auditor, the defendant, about that time, left his family and went and resided in another house with his mother, who kept house…
1Opinion of the CourtBell, J.
The defendant, without cause, left his house and his family, and went elsewhere to reside. He thereby became responsible to furnish to his wife and children necessaries suitable to his standing and property. Balton v. Prentiss, 2 Stra. 1214; Norton v. Fazan, 1 B. & P. 226; Robinson v. Grinold, 1 Salk. 119; Hodges v. Hodges, 1 Esp. 441; 1 Selw. N. P. 230; Evans v. Fisher, 5 Gil. 569.
The wife must be regarded as living separately from her husband, by his consent and desire, in which case, if no sufficient provision for her support is secured to her by her husband, she has authority to pledge…
2Cases cited6 opinions
- Van Valkinburgh v. WatsonNew York Supreme Court · 1816
- M'Cutchen v. M'GahayNew York Supreme Court · 1814
- Lockwood v. ThomasNew York Supreme Court · 1815
- M'Gahay v. WilliamsNew York Supreme Court · 1815
- Town of Rumney v. KeyesSuperior Court of New Hampshire · 1835
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