The Rights and Liabilities of Husband and Wife, at Law and in Equity Volume 1; As Affected by Modern Statutes and Decisions (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1848 Excerpt: ...separation has not been occasioned by the wife's default; the general rules respecting charges made for articles supplied to her will, I apprehend, be substantially the same as if she were not living separate. That is to say, the furnishings must truly be necessaries, within the meaning of the term, as explained by the decisions (-). Where a husband living apart from his wife allows her where husband allows her a suf enouerh for her maintenance, he is not liable for necessaries fidTM' mainte 0 nance. ( ) Emery v. Emery, 1 You. & (m) S Carr. & Pay. 200. Jer. 501. (-) Emmett v. Norton, 8 Car. & (0 Reed v. Moore, 5 Car. & Pay. Pay. 506. 200. NECESSARIES WHEN HUSBAND AND WIFE LIVE APART. Husband's request that she will return. When such request will determine husband's liability. NECESSARIES WHEN HUSBAND AND WIFE LIVE APAST. Effect of a notice to tradesmen. When wife is separately provided for. supplied to her, and notice to the tradesmen of that allowance is unnecessary, because if they inquire into the circumstances of her separation, they will find that she is not in a situation to charge her husband; and if they do not choose to inquire, they trust her at their peril (o). A mere notice by the husband that he will not pay for goods supplied to his wife will avail nothing, if under the circumstances of the separation he is liable (p). Accordingly, the common practice of advertising in the newspapers, resorted to by husbands with the view of evading liability for the acts of their wives, is of but questionable, if indeed it be of any, efficacy. But if while husband and wife are separate, they both deal with the same tradesman, and he specially agree with the husband not to charge him for goods to be supplied to the wife, he will ...