Public-domain · open source
OpenJurist

83 Me. 132

Baker v. Carter

Supreme Judicial Court of Maine

Decided December 25, 1890

Supreme Judicial Court of Maine · decided 1890-12-25

On motion. ' Tbe defendant moved for a new trial after a verdict was rendered against him in the Superior Court, for Kennebec County, in an action to recover for groceries furnished by the plaintiff, and, as appeared by the testimony, were ordered by his wife and consumed in his family.

Cited in Bouvier (1914)’s definition of “Necessaries”

Good law ✅— No negative treatment on recordhow we know

Decided 1890-12-25

How this case has been cited

Cited by 6 later decisions — most recently December 1929

1 federal appellate · 5 state decisions

301890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Foster, J.

¶1During cohabitation a wife has ordinarily a prima facie agency to purchase on her husband’s credit such supplies as are necessary for herself and family. This rule of law is based largely on the fact that it is customary to intrust a wife with the management of the household. While living together the law presumes the husband’s assent to contracts made by the wife for necessaries. This agency, however, is limited to articles that are reasonably necessary for her or the family, and does not extend to business contracts, nor to purchases beyond what may be regarded as suitable to their situation and condition in life.

¶2In Furlong v. Hysom, 35 Maine, 332, it was held that the husband was liable for articles furnished and delivered to a married woman residing with her husband, necessary and proper for her, though charged to herself, and that the jury were *134authorized to infer an authority to the wife from the husband to purchase the goods on his credit.

¶3True, the agency of the wife to purchase necessaries, is only presumptive and may be disproved by the husband by showing that he had abundantly supplied the house with all things necessary and suitable ; or that he had furnished the wife with ample ready money for the purpose, and requested her not to purchase on credit; or had provided suitable places where all things necessary could be had, and forbidden her to purchase elsewhere. Though the mere fact that he privately forbade her to act for him will not relieve him from liability where it appears that he has recognized her agency, or has in some way allowed her to appear to have charge of his house. The husband in the view of the law is the head of the house, and has a right to control the affairs of his own household. Nevertheless, while he has a right to say when and how his house shall be supplied, he can not repudiate his obligation altogether.

¶4In the present case he had made no such provision as would relieve him from liability for the acts of the wife in making the purchases. The jury might very properly infer such agency. The case falls within that of Furlong v. Hysom, supra.

¶5Motion overruled, judgment on the verdict.

Peters, C. J., Walton, Virgin, Libbey and Emery, JJ., concurred.
/83/me/132 · .json · Public domain