Collins v. Mitchell

5 Del. 369

Opinion

The Court

charged as follows:—The husband is bound to provide necessaries for his wife whilst she lives with him.

If she elope with an adulterer, the husband is not liable.

If the husband turn her out, or by his conduct oblige her to leave, he continues liable.

If husband and wife separate by mutual consent, he remains liable for necessaries.

On the testimony, the question of separation is open for the jury to say whether it is proved; and under what circumstances.

It is also open for the jury to say whether the plaintiff was employed by the authority or consent of. the defendant; if so, he is liable, though there was a separation; and assent may be implied from the presence and knowledge of the husband, that the services were rendered, without objection.

The plaintiff had a verdict.