Peirce and Welden
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 144
IN THE COURT OF KING'S BENCH
2. peirce and welden. Upon evidence in an action upon the case, for meat, drink, washing and lodging, found for the wife of the defendant by the plaintiff; the proof was, that the wife came in a necessitous case, and said to the plaintiff, that she was the wife of the defendant, and that he had turned her ont of his house, and allowed her 501. per ann. but that he would not pay it; upon which Holt Chief Justice was of opinion, that the husband is not chargeable, for it being apparent that she did not cohabit with the husband, she shall not have a credit to charge him without his consent; and though it was proved that he had paid another, who had received and tabled her, before the plaintiff received her; yet the plaintiff was nonsuit; for Holt Chief Justice said, if a wife cohabit with her husband, and by it gain a credit...
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