NECESSARIE

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  NECESSARIES. Such things as are proper and requisite for the sustenance of 
  man. 
       2. The term necessaries is not confined merely to what is requisite 
  barely to support life, but includes many of the conveniences of refined 
  society. It is a relative term, which must be applied to the circumstances 
  and conditions of the parties. 7 S. & R. 247. Ornaments and superfluities of 


  dress, such as are usually worn by the party's rank and situation in life, 
  have been classed among necessaries. 1 Campb. R. 120; 7 C. & P. 52; 1 
  Hodges, R. 31; 8 T. R. 578; 3 Campb. 326; 1 Leigh's N. P. 135. 
       3. Persons incapable of making contracts generally, may, nevertheless, 
  make legal engagements for necessaries for which they, or those bound to 
  support them, will be held responsible. The classes of persons who, although 
  not bound by their usual contracts, can bind themselves or others for 
  necessaries, are infants and married women. 
       4.-1. Infants are allowed to make binding contracts whenever it is 
  for their interest; when, therefore, they are unprovided with necessaries, 
  which, Lord Coke says, include victuals, clothing, medical aid, and "good 
  teaching and instruction, whereby he may profit himself afterwards," they 
  may buy them, and their contracts will be binding. Co. Litt. 172 a. 
  Necessaries for the infant's wife &lad children, are necessaries for 
  himself. Str. 168; Com. Dig. Enfant, B 5; 1 Sid. 112 2 Stark. Ev. 725; 8 
  Day, 37 1 Bibb, 519; 2 Nott & McC. 524; 9 John. R. 141.; 16 Mass. 31; Bac. 
  Ab. Infancy, I. 
       5.-2. A wife is allowed to make contracts for necessaries, and her 
  husband is generally responsible upon them, because his assent is presumed, 
  and even if notice be given not to trust her, still he would be liable for 
  all such necessaries as she stood in need of; but in this case, the creditor 
  would be required to show she did stand in need of the articles furnished. 1 
  Salk. 118 Ld. Raym. 1006. But if the wife elopes, though it be not with an 
  adulterer, ho is not chargeable even for necessaries; the very fact of the 
  slopement and 'Separation, is sufficient to put persons on inquiry, and 
  whoever gives credit to the wife afterwards, gives it at his peril. 1 Salk. 
  119; Str. 647; 1 Sid. 109; S. C. 1 Lec. 4; 12 John. R. 293; 3 Pick. R. 289; 
  2 Halst. 146; 11 John. R. 281; 2 Kent, Com. 123; 2 St. Ev. 696; Bac. Ab. 
  Baron and Feme, H; Chit. Contr. Index, h.t.; 1 Hare & Wall. Sel. Dec. 104, 
  106; Ham. on Parties, 217.