Berry v. Teel

This is assumpsit for the board of one Nancy J. Smith, the defendant’s intestate, for the five winter months of each year from November, 1870, to April, 1875. In February, 1870, the plaintiff, being then a married woman, separated from her husband and never lived with him afterwards. In June, 1874, she obtained a divorce a vinculo from him. The defendant does not deny that the plaintiff furnished board as stated from November, 1870, to April, 1874, but contends that she cannot maintain an action for it solely in her own name. On trial to the jury the court ruled that the plaintiff could sue…