Conant v. Burnham
Massachusetts Supreme Judicial Court
Contract in three counts. The first count was for professional services rendered by the plaintiffs, as attorneys at law, to Kate A. Burnham, the defendant’s wife, at her request, according to an account annexed, containing four items amounting to $47; and alleged that the services were necessary.
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Contract in three counts. The first count was for professional services rendered by the plaintiffs, as attorneys at law, to Kate A. Burnham, the defendant’s wife, at her request, according to an account annexed, containing four items amounting to $47; and alleged that the services were necessary. The second count alleged that the defendant committed a serious assault and battery upon the person of his wife, the said Kate A.; that she employed the plaintiffs, as attorneys at law, to make a complaint and to prosecute the defendant for said offence; that the plaintiffs made such complaint, upon…
1Opinion of the CourtC. Allen, J.
The defence is put on the broad ground, that in this State counsel fees for legal services rendered to a wife at her request do not in any case fall within the class of necessaries, for which the husband may be held liable. It has sometimes been thought possible to make an exact enumeration of all the kinds or classes of articles which can be included within the meaning of that term. See Shelton v. Pendleton, 18 Conn. 417, 423, and authorities there cited. But we do not think it desirable to attempt to prescribe a universal rule or formula for the specific determination of this question in…
2Cases cited2 opinions
- Shelton v. PendletonSupreme Court of Connecticut · 1847
- Raynes v. BennettMassachusetts Supreme Judicial Court · 1874
3Cited by30 opinions
- McDonald v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Elder v. . RosenwasserNew York Court of Appeals · 1924
- Naumer v. GrayAppellate Division of the Supreme Court of the State of New York · 1898
- Wheeler v. HansonMassachusetts Supreme Judicial Court · 1894
- Allen v. CommonwealthMassachusetts Supreme Judicial Court · 1949
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