Necessaries

are such things as are proper and requisite for the sustenance of man. Persons incapable of making contracts generally, may nevertheless make legal engagements for necessaries for which they, or those bound to support them will be held responsible. The classes of persons who, although not bound by their usual contracts, can bind themselves or others for necessaries, are infants and married women.

1.

Infants are allowed to make binding contracts, whenever it 1s for their interest; when, therefore, they are unprovided with necessaries, which Lord Coke says include victuals, clothing, medical aid, and ‘“ good teaching and instruction, whereby he may profit himself afterwards,” they may buy them, and their contracts will be binding.

Co. Litt. 172 a.

Necessaries for the infant’s wife and children, are necessaries for -himself.

Str. 168; Com. Dig. Enfant, B 5; 1 Sid. 112; 2 Stark. Ev. 725; 3 Day, 37; 1 Bibb, 519; 2 Nott. & McC.

524; 9 John. R. 141; 16 Mass. 31; 3 Bac. Ab. 593. band is generally responsible upon them, because his assent is presumed, and even if notice be given not to trust her, still he would be hiable for all such necessaries as she stood in need of, but in this case the creditor would be required to show she did stand in need of the articles furnished.

1 Salk. 118; Ld. Raym. 1006.

But if the wife elopes, though it be not with an adulterer, he is not chargeable even for necessaries; the very fact of the elopement and separation, is sufficient to put persons on inquiry, and whoever gives credit to the wife afterwards, gives it at his peril.

1 Salk. 119; Str. 647; 1 Sid. 109; 8S. C. 1 Lev. 4; 12 John. R. 293; 3 Pick. R. 289; 2 Halst. 146; 11 John. R. 281; 2 Kent. Com. 1235 2 St. Ev. 696; 1 1 Bac. Ab. 488; Chit. Contr. Index, h. t.