18 Barb. 100 | N.Y. Sup. Ct. | 1854
The question to be considered may be briefly stated. The action is by the superintendents of the poor of Chautauque county against the defendant Rhodes, for boarding, clothing and medical aid furnished to Sally Rhodes, the wife of the defendant. The evidence justified the justice in finding that Rhodes the husband maltreated his wife, and expelled her from his house without just cause, and that he refused
Could the plaintiffs maintain the action to recover from the husband the amount expended by them as superintendents of the poor for the support of his wife as a pauper ? In my opinion there is no principle upon which this action can be sustained. It is not claimed that there is any statute providing for the case. The plaintiffs’ counsel invokes to his aid the common law principle obliging the husband to support his wife, and in case he neglects or refuses to do so, rendering him liable in an action at the suit of any one who furnishes her with necessaries. Those principles have no application to the present case, and in- my judgment it would be extremely dangerous to confer upon the superintendents of the poor, in their official capacity, the right to interpose in cases of difficulties between husband and wife, and thus involve the county in the controversy, and array its power against one of the parties. Where do they find the authority to adjudicate officially upon the circumstances that shall render the husband liable 1 If any one of them as an individual shall see fit to furnish necessaries to a wife and resort by action to the husband for compensation, upon the ground of ill usage, <kc., he may undoubtedly do so, and a court will hear the proofs and allegations of the parties and decide in accordance with the well settled principles of the common law. It might be decided that the husband was not in fault, and if so, then the plaintiff could not recover. The plaintiffs may in this case concede that they could not recover without showing that the defendant had maltreated his wife, or unjustly refused to provide for her. Suppose upon the trial they had failed to make out such a case, still the county has been put "to the expense of supporting her, and upon what authority ? The superintendents of the poor have power, and it is their duty, to take care of the poor. But who are paupers 1 Can the wife of a man who is bound by the law
It was not supposed necessary, in the poor laws, to provide for the support of the wife by the husband. It is provided by the statute that the father, the mother, and the children of sufficient ability, of any poor person, &c. shall relieve and maintain such poor person, and the mode of proceeding to compel such maintenance is pointed out. It is by an application to the court, to be made by the overseers of the poor of the town. If the order of the court is not obeyed, the overseers may maintain an action against the person neglecting to perform the order. (1 R. S. 614, 615, § 1 to 7.).
Am|)le provision is made for the case of an absconding father, mother, or husband, and the duties of the overseers of the poor or county superintendents are clearly specified. (Id. § 8 to 13.)
Poor persons are to be maintained by the county or town in which they may be, (Id. § 14,) and the statute prescribes the manner, and the duty of superintendents of the poor, in which I find no countenance for the position of the plaintiffs in this case. I do not find any authority for overseers of the poor or county superintendents to maintain an action, in any case, against any individual, to recover money expended by them for the support of the poor.
The counsel for the plaintiffs cited The Overseers of the Poor of Pittstown v. Overseers of the Poor of Plattsburgh, (15 John. 436.) There a pauper, having no settlement in the state, as alleged in the declaration, was removed from the town of Plattsburgh to the town of Pittstown, where he became sick, and the latter town was put to expense in providing for him. The order under which he was removed was quashed, and the action was brought
I think the judgment of the county court should be affirmed.
' Judgment affirmed.
Marvin, Bowen and. Greene, Justices.]