Benjamin v. Dockham

Decided January 14, 1882

Massachusetts Supreme Judicial Court · decided 1882-01-14

Contract for milk sold and delivered. Answer, a general denial. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The only evidence offered was that of the plaintiff, who testified that the milk was delivered by him to the defendant’s wife, a part of it where the defendant had been living with his wife, and a part afterwards at another house where the wife was boarding.

Cited by 1 later decisions — most recently January 1901

1 state decisions

Relies on Raynes v. Bennett

Good law ✅— No negative treatment on recordhow we know

Decided 1882-01-14

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By the Court.

¶1As this bill of exceptions presents the case to us, there was no evidence that the wife was living apart from her husband under such circumstances as gave her implied authority to bind him by a contract for necessaries. Raynes v. Bennett, 114 Mass. 424, 428. - Exceptions sustained.

¶2Memorandum.

¶3On the sixteenth day of January, 1882, Mr. Justice Morton was appointed Chief Justice, in place of Chief Justice Gray, resigned, and took his seat on the bench as such on the seventeenth day of January, at the term of the court then held at Boston in the county of Suffolk.