Malden Hospital v. Murdock
Massachusetts Supreme Judicial Court
Contract upon an account annexed for $116.20 for board and care and the amount paid to a special nurse for the defendant’s wife.
Read the full summary
Contract upon an account annexed for $116.20 for board and care and the amount paid to a special nurse for the defendant’s wife. Writ in the Municipal Court of the City of Boston dated February 1, 1913. In the Municipal Court the case was heard by Bolster, C. J. He filed a memorandum containing findings and rulings in substance as follows: Since October 7, 1896, the defendant’s wife had lived apart from him by mutual consent, neither party desiring or being willing to resume marital relations. In November, 1896, she filed in the Probate Court a petition for separate support. At the time of…
1Opinion of the CourtSheldon, J.
The plaintiff relies upon the well settled doctrine *75that where a wife is living apart from her husband with his consent and without provision having been made for her support, she carries with her his credit, and he is liable for necessaries furnished to her by third persons. Sturbridge v. Franklin, 160 Mass. 149. Mayhew v. Thayer, 8 Gray, 172, 175. But besides the right of pledging his credit for her support she may by petition filed in the Probate Court obtain against him an order or decree, under which he will be obliged to pay to her for her support such sums at such intervals as that…
2Cases cited6 opinions
- McIlroy v. McIlroyMassachusetts Supreme Judicial Court · 1911
- Inhabitants of Sturbridge v. FranklinMassachusetts Supreme Judicial Court · 1893
- Brow v. BrightmanMassachusetts Supreme Judicial Court · 1883
- Bailey v. DillonMassachusetts Supreme Judicial Court · 1904
- Alley v. WinnMassachusetts Supreme Judicial Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gediman v. CameronMassachusetts Supreme Judicial Court · 1940
- Welker v. WelkerMassachusetts Supreme Judicial Court · 1950
- Jordan Marsh Co. v. CohenMassachusetts Supreme Judicial Court · 1922
- DeMarzo v. VenaMassachusetts Supreme Judicial Court · 1953
- Allen v. Selig Dry Goods Co.Indiana Court of Appeals · 1929
5 more not listed; retrieve them via the Exa API.