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.