Cunningham v. Reardon
Massachusetts Supreme Judicial Court
Contract on an account annexed for board and lodging furnished to the defendant’s wife, and money paid for her funeral expenses. In the superior court these facts were agreed : At the time of her death, in September 1864, the defendant’s wife had been lodged and boarded in the plaintiff’s house ever since June 1864, when she was brought there ill with consumption immediately after being compelled to leave the defendant by his cruelty.
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Contract on an account annexed for board and lodging furnished to the defendant’s wife, and money paid for her funeral expenses. In the superior court these facts were agreed : At the time of her death, in September 1864, the defendant’s wife had been lodged and boarded in the plaintiff’s house ever since June 1864, when she was brought there ill with consumption immediately after being compelled to leave the defendant by his cruelty. The defendant, though able to provide for her support, refused to do so after she left him, and never visited her or solicited her to return. When she died, the…
1Opinion of the CourtHoar, J.
The husband who by his cruelty compels his wife to leave him' is considered by the law as giving her thereby a credit to procure necessaries on his account; and is responsible to any person who may furnish her with them. ^This responsibility extends not only to supplies furnished her while living, but to decent burial when dead. Its origin is not merely and strictly from the law making her his agent to procure the articles of *539which she stands in need. K it were so, the consequence would follow for which the defendant contends, that the agency would end with the life of the agent. But it is…
2Cited by32 opinions
- Koerber v. PatekWisconsin Supreme Court · 1904
- Weld v. WalkerMassachusetts Supreme Judicial Court · 1881
- Raynes v. BennettMassachusetts Supreme Judicial Court · 1874
- Fisher v. DrewMassachusetts Supreme Judicial Court · 1924
- Kenyon v. BrightwellSupreme Court of Georgia · 1904
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