Roll v. Davison

Citations

• 165 Pa. 392
• 30 A. 987
• 1895 Pa. LEXIS 1014

Syllabus

<p>Married women—Necessaries—Liability of husband—Res judicata— Parties—Admission of record.</p> <p>A husband is primarily liable for necessaries although they were contracted for by the wife on the credit of her own separate estate.</p> <p>Suit against the husband alone for necessaries has usually been held conclusive against the liability of the wife, because it is an averment or admission of record that the goods were sold on his credit and not on hers.</p> <p>Where a suit has been brought against husband and wife befor’e a justice of the peace for necessaries, and the judgment against the wife had been erroneously reversed by the common pleas, but the judgment against ■ the husband sustained, the plaintiff may subsequently bring an action against the wife alone.</p>