61 F. 277 | 9th Cir. | 1894
after stating the case as above, delivered the opinion of the court.
The contract upon which the action is based is an implied one, and arose in the; state of Missouri, and was to be performed there. It is therefore to be interpreted in accordance with the law applicable thereto in the state of Missouri, and not in accordance with the statute law of California. Boyle v. Zacharie, 6 Pet. 635, Cook v. Moffat, 5 How. 314. The parlies are agreed that the law of that state applicable to the question is the common law; and the plaintiff in error insists that, tested by the rules of the common law, the complaint does not state facts sufficient to constitute a cause of action, because it is not alleged that the services were rendered and tbe articles furnished defendant’s wife upon defendant’s credit. It is true the complaint does not so allege in so many words, hut facts are alleged from which that, result necessarily flows. The husband who turns bis wife out. of doors, or so maltreats her as to compel her to leave his domicile, gives her, in effect, a letter of credit for whatever her preservation or safety requires. Shepherd v. Mackoul, 3
Judgment affirmed.