Hagedorn v. Haber
Hagedorn v. Haber
Opinion of the Court
Opinion by
This action was brought against the defendants to recover the price of wearing apparel sold to the appellant and alleged to have been necessary. The appellant’s husband did not appeal and the sole question here is whether the evidence supports the judgment against the wife. It appears from the defendant’s testimony that she bought a “suit” and a gown and that they were necessary for her use. Evidence was offered by the plaintiffs that the purchases were made by Mrs. Haber and that she solicited and obtained a credit in her own name at that time. The evidence brings the case within all of the adjudications relating to the liability of a married woman for necessaries for the use of herself or her family. Evidence of a sale to her on her credit at her request accompanied by the delivery of the merchandise to her is sufficient to make out a prima facie liability: Davidson v. McCandlish, 69 Pa. 169. Under the evidence, the question became one of fact and we are not convinced that the judgment is not sufficiently supported by the testimony. The case of Moore v. Copley, et al., 165 Pa. 294, relied on by appellant was decided on the question whether a book account against a married woman afforded proof prima facie both of the services rendered and of the express undertaking of such mar
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.