Black v. Clements

Citations

• 18 Del. 499
• 2 Penne. 499
• 47 A. 617
• 1900 Del. LEXIS 20

Syllabus

<p>Appeal—Assumpsit—Husband and Wife—Necessaries for Wife; Husband’s Liability fm—Manned Woman ; Suit Against—Statute; Construction of— Booh Account—Evidence.</p> <p>1. When husband and wife live together, he is bound to provide her with necessaries suitable to his condition and circumstances in life; and medical attention and services needful and appropriate to the wife’s illness and invalid condition are such necessaries.</p> <p>2. The law, from the mere fact of cohabitation, presumes the authority and assent of the husband to the wife’s contract for such necessaries, and makes him liable if they are supplied on his credit. But if they are supplied to the wife on her credit, and debited to her, and not to the husband, on the books of the plaintiff, the husband is not liable.</p> <p>3. If the articles purchased by the wife are such as cannot be considered as strictly necessaries, he is not liable, without showing his express authority or assent to such purchase.</p> <p>4. At common law, in this State, before the passage of what are called the married woman’s acts, a married woman might not be sueable in her own name alone during the life of her husband and during their marriage. But under Sec. a, Chap. ¿S°, V°l. Laws of Delaware, the wife may be sued alone in her own name if the circumstances and evidence bring the case within the meaning of said sections.</p> <p>5. A book account regularly and fairly kept, and not contradicted by other evidence in the case, when unimpeached, goes before the jury for what it shows, and is to be taken just as any other uncontradicted and unimpeached testimony.</p>