Marshall v. Hill

Citations

• 59 Pa. Super. 481
• 1915 Pa. Super. LEXIS 104

Syllabus

<p>Husband and wife — Necessaries—Liability of husband — Parties— Act of April 11,1848, P. L. 586.</p> <p>1. An action may be maintained, against a husband alone for family-washing for the wife, where it appears from a letter produced in evidence by the plaintiff, and addressed by the defendant’s attorney to his wife, that the husband had promised to furnish all necessary clothing for his wife and children and to pay bills promptly submitted to him for all things that might be necessary. Such a letter, although the plaintiff was not a privy to it, was admissible in evidence, inasmuch as her right to recover was based on the relations of the defendant and his wife and such relations were fixed by the letter.</p> <p>2. There is nothing in the Act of April 11, 1848, par. 8, P. L. 536, which requires that a wife shall be joined with the husband in a suit for necessaries furnished the wife, where the endeavor is to hold the husband alone.</p>