Edminston v. Smith
Idaho Supreme Court
APPEAL from the District Court of Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action against husband and wife to recover a debt for board and- lodging furnished on request of the wife and on her promise to pay therefor. Demurrers to complaint were overruled and defendants refused to answer, whereupon judgment was entered and defendants appealed.
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APPEAL from the District Court of Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action against husband and wife to recover a debt for board and- lodging furnished on request of the wife and on her promise to pay therefor. Demurrers to complaint were overruled and defendants refused to answer, whereupon judgment was entered and defendants appealed. A married woman cannot bind herself for the payment of a debt of her husband, or for a community debt, or for a debt that was not contracted for her own use, or for the use, or benefit, of her separate estate, or in…
1Opinion of the CourtAilshie, C. J.
This action was commenced in the lower court to recover from the defendants, who are husband and wife, a balance, due for board and lodging. It is alleged that the wife, Martha Smith, entered into a contract with the plaintiff, in advance of incurring the indebtedness, whereby she promised and agreed to pay plaintiff the sum of $10 per week for board and lodging for herself and husband, or $5 per week for each. It is further alleged that after the board and room were furnished the defendants in accordance with the contract, the defendant, Martha Smith, made a further specific promise to pay…
2Cases cited7 opinions
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Jaeckel v. PeaseIdaho Supreme Court · 1898
- Maxon v. . ScottNew York Court of Appeals · 1873
- Dernham & Kaufmann v. RowleyIdaho Supreme Court · 1896
- Holt v. GridleyIdaho Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- McHan v. McHanIdaho Supreme Court · 1938
- Hall v. JohnsIdaho Supreme Court · 1909
- Booth Mercantile Co. v. MurphyIdaho Supreme Court · 1908
- Humbird Lumber Co. v. DoranIdaho Supreme Court · 1913
- Overland National Bank v. HalvestonIdaho Supreme Court · 1921
15 more not listed; retrieve them via the Exa API.