I. N. Thorne & Co. v. Kathan
Supreme Court of Vermont
General Assumpsit. Plea, general issue, and trial by the court, September Term, 1878, Ross, J., presiding. The plaintiffs sought to recover for medicine furnished to the defendant’s wife.
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General Assumpsit. Plea, general issue, and trial by the court, September Term, 1878, Ross, J., presiding. The plaintiffs sought to recover for medicine furnished to the defendant’s wife. It appeared that at some time shortly before October 18, 1873, the defendant’s wife, who was ill and under the care of a physician, and whose relations to the defendant were not, from some cause, what ought to exist between husband and wife, left the defendant’s, with the advice of her physician, and, “ unbeknown to the defendant,” went to reside with her son-in-law, Charles Puffer. The defendant thereupon…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This suit is to recover payment for necessaries furnished the wife. The court have found that the medicines furnished the wife by the plaintiff, were necessaries, but furnished the wife without the consent or approval of the husband. About October 18, 1873, the wife, “ unbeknown to her husband, went to *523reside with her son-in-law, Charles Puffer,” and never went back to the defendant, her husband. The husband posted her for desertion, and subsequently obtained a bill of divorce from her for that cause.
I. After the wife went to Puffer’s to…
2Cases cited1 opinion
- Norcross v. RodgersSupreme Court of Vermont · 1858
3Cited by4 opinions
- Peaks v. MayhewSupreme Judicial Court of Maine · 1901
- Town of Milton v. BrusoSupreme Court of Vermont · 1940
- Allen v. Selig Dry Goods Co.Indiana Court of Appeals · 1929
- Meehan v. BessetteSupreme Court of Vermont · 1937