McCreery v. Scully

Citations

• 67 Pa. Super. 524
• 1917 Pa. Super. LEXIS 448

Syllabus

<p>Husband and wife — Necessaries—Primary liability of husband.</p> <p>There is a presumption, when a'wife buys necessaries for the family of her husband and herself, she is acting as his agent because the burden is on him as a primary duty of furnishing and paying for such articles.</p> <p>In an action against a married woman to recover for necessaries alleged to have been furnished to her family on her credit, no recovery can be had where the evidence shows that the wife was living with her husband and that the merchandise was used by the family; that a common fund was kept to which she and her husband contributed and the family expenses were paid out of the fund; that the defendant had not observed ■whether the account wag. kept in her name or that of her husband; and that there 524, (1917).] Statement of Facts — Opinion of the Court, was nothing to show that she contracted the debt or promised to pay it.</p>