M'Cutchen v. M'Gahay
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. M-Cutchen brought an action of assumpsit against M‘Gakay, for board and lodging furnished by the plaintiff to Ellen, the wife of the defendant. The plaintiff, who is the father of the defendant’s wife, furnished her with meat, drink, and lodging, in his family, during which time she was in ill health.
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IN ERROR, on certiorari, from a justice’s court. M-Cutchen brought an action of assumpsit against M‘Gakay, for board and lodging furnished by the plaintiff to Ellen, the wife of the defendant. The plaintiff, who is the father of the defendant’s wife, furnished her with meat, drink, and lodging, in his family, during which time she was in ill health. M‘Gahay was married to Ellen about the year 1801. The following advertisement was inserted in a newspaper, printed in Orange county: “ Whereas my wife, Ellen M'Gahay, has left my bed and board, without any provocation, this fe to forewarn all…
1Opinion of the CourtPiatt, J.
Cohabitation *282is evidence of the husband’s assent to contracts made by his wife? for necessaries, and it can be repelled only by express notice of previous dissent, or notice not to trust her. If the husband tums away his wife, he gives her credit wherever she goes, and must pay for necessaries for her; but if she runs away from him, though not with an adulterer, he is not liable for any of her contracts. (Herrington v. Perrot, 2 Ld. Raym. 1006.) per Holt, Ch. J.
In Longworth V. Hockmore, (12 Mod. 144. 1 Ld.Raym. 444.) Lord Holt decided, that if the wife elopes, though the tradesman has no…
2Cited by16 opinions
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- Blowers v. SturtevantNew York Supreme Court · 1847
- Arnold v. AllenNew York Court of Common Pleas · 1880
- Howard v. Trustees of Whetstone TownshipOhio Supreme Court · 1841
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