Todd v Stokes, a Parson who lived at Chichester
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | High Court |
English Reports Citation: 91 E.R. 1195
COURTS OF KING'S BENCH AND COMMON PLEAS
todd vers. stokes, a Parson who lived at Chichester. Guildhall, May 24. If a husband and wife part by agreement, and the former binds himself to allow the latter a separate maintenance, he is not responsible for any debt she may contract after the separation is generally known. S. C. Salk. 116. 12 Mod. 244, though with a person who did not know of the separation. S. C. 12 Mod. 244. But until such separation is generally known he is. S. C. 12 Mod. 244. Vide Skin. 349. A general reputation in the place where the husband lives is sufficient, bho' there ia no such reputation in the place where the debt was contracted. S. C. 12 Mod. 244. A husband is responsible for any necessaries his wife may get upon credit, if he turna her away. S. C. 12 Mod. 244. E. ace. Str. 1214. D. ace. post, 1006. Bub not if she elopes. S. C. 12 Mod. 244. E. ace. Str. 875. D. ace. post, 1006. Boretm v. Prentice, B. E. 3 M. 18 G. 2. Vide Str. 875, though the person furnishing them did not know of the elopement. S. C. 12 Mod. 244. Vide 6 Mod. 171. Salk. 119, pi. 13. A husband is not responsible for necessaries furnished his wife by a tradesman whom he has warned not to trust her. D. ace. post, 1006. Sed vide Str. 1214, nor by any person, after a general notice to the world not to trust her. S. C. 12 Mod. 244. Sed vide Str. 1214. 1 Bac. Abr. 295. The plaintiff being an apothecary brought an action against the defendant for medicines for the defendant's wife, &c. Upon non assumpsit pleaded, upon the trial it was proved, that the defendant and his wife, upon discontent conceived between them, had been separated by consent for five years; and that upon the separation the defendant signed articles to certain trustees, by which he obliged himself to allow his wife twenty pounds a year; which he had done accordingly ever after; that the plaintiff when he accommodated the defendant's wife with these medicines, did not know that she was a married woman, &c. And it was ruled by Holt Chief Justice, that the defendant was not bound to pay the plaintiff's bill. For though the plaintiff had not...
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