# Bowen v. . Daugherty

> Supreme Court of North Carolina · February 17, 1915 · 168 N.C. 242

URL: https://www.frixlaw.com/law-library/cases/9807588

## Case

- **Full name:** GEORGE W. BOWEN, Administrator of DEBORAH STOCKS, v. E. L. DAUGHERTY Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** February 17, 1915
- **Citations:** 168 N.C. 242; 84 S.E. 265; 1915 N.C. LEXIS 22
- **Precedential status:** Published
- **Opinion:** Concurrence by Clabk
- **Judges:** Hoke, Bbowk
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9807588

## Opinion text

*246 Clabk, 0. J.,
concurring: Tbe statute, cb. 109, Laws 1911, known as tbe “Martin act,” in no wise enlarges or restricts tbe common-law liability of tbe husband for tbe support of bis wife.
While that statute authorizes a married woman to contract and deal as if she were unmarried, and while chapter 13, Laws 1913, authorizes her to receive and collect her earnings and damages for wrongs done her, either to her person or property, neither of these acts relieves her husband of his common-law liability for her support nor renders her liable therefor except in such cases as she shall have contracted obligations upon her own responsibility.
The husband does not become liable as surety for his wife’s contracts, nor responsible for debts contracted by her, except for her support, as above stated. And she is not made responsible for articles'bought for such support except where by contract, express or by her conduct she leads the seller reasonably to understand that she is assuming individual responsibility. In the latter case the husband would still remain liable, and the seller can recover against either or both.
Bbowk, J., did not participate in the decision of this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9807588. Public record. Not legal advice.