32 N.Y.S. 542 | N.Y. Sup. Ct. | 1895
The defendant’s wife, a married woman, contracted with the plaintiff to board herself and husband, and keep her horse, at a stipulated price per week. Under such agreement, the plaintiff furnished board to the defendant and wife, and kept the horse of.the latter, and an indebtedness therefor accrued to the plaintiff. The plaintiff rendered a bill to the defendant’s wife, in -her name, for a portion of. such board and horse keeping, which was paid by her. To recover for an unpaid balance arising under the agreement, this action was brought against the defendant, husband of the contracting party, in which, a recovery was had before a justice of the peace,’and on an appeal to the county court the judgment was reversed, from which judgment of reversal the plaintiff appeals to this court.
The only question on this appeal is whether the common-law liability of the husband to support his wife makes him liable on the express contracts of his wife for their joint support, when she is the sole contracting party, and the credit is given to her. By chapter 381 of the Laws of 1884, all disabilities of married women to make valid contracts were removed, and she was invested with all the powers of a feme sole to make contracts and bind herself thereby. When, therefore, she avails herself of the powers and privilege conferred by that statute by making express contract in her own name, even for her necessary support, she would no longer be deemed as acting as agent for her husband in procuring such support, nor would there be any implied agreement on his part, as existed at common law, to pay for such necessaries. The plaintiff, by con