Barwell v Anne Brooks
| Jurisdiction | England & Wales |
| Judgment Date | 04 February 1784 |
| Date | 04 February 1784 |
| Court | Court of the King's Bench |
English Reports Citation: 99 E.R. 702
IN THE COURT OF KING'S BENCH
Discussed, Corbett v. Poelnitz, 1785, 1 T. R. 10; Beard v. Webb, 1800, 2 Bos. & P. 106; Marshall v. Rutton, 1800, 8 T. R. 548.
harwell v. anne brooks (a). Wednesday, 4th February, 1784. A feme covert living separate from her husband, and having a competent separate maintenance duly paid to her, may be sued alone on a contract made by her for necessaries. [Discussed, Cvrbett v. Poelnitz, 1785, 1 T. R. 10; Beard v. WM, 1800, 2 Bos. & P. 106; Marshall v. Button, 1800, 8 T. E. 548.] This was an action for victuals, drink, and other necessaries furnished to the defendant. The declaration also contained a count for goods sold and delivered, and the other common counts. The defendant pleaded her coverture in bar. Replication that the said Anne, and the said James her husband, long before the promises in the declaration mentioned, and before the exhibiting of the plaintiffs bill, viz. on the 18th of June, 1778, were parted and separated, and lived separate and apart from each other, and always from thence until the exhibiting of the plaintiff's bill, did, and still do, live separate and apart from each other; and the said Anne, during all that time, had a competent separate maintenance and provision allowed her by her said husband, and duly paid to her for her separate support and maintenance; and that the said Anne, during that time, made the said promises and undertakings in the declaration mentioned, for necessaries found and supplied by the said plaintiff for the said Anne upon her own account and credit, and for her own separate support and maintenance. To this replication the defendant demurred generally. Law, in support of the demurrer.-The maintenance here is not stated to have been secured by deed as in Lady [372J Lanesbm-ough's case (b). It may be a mere temporary precarious allowance, liable to be resumed at the will of the husband. Nor is it stated that the husband is out of the realm, or not subject to the process of the Court. No case can be cited in which a married woman has been held liable, where the husband was amenable to the process of the Court. There are two grounds upon which this demurrer may be supported:-1. That this does not appear to be such a maintenance as the creditors can get at, or the wife compel the payment of; 2. That the husband himself is amenable. [Buller, J.-Should you not have taken issue on the maintenance not being...
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