HRS 0572-0024 ANNOTATIONS

Torts: Under prior law, held husband liable alone for torts of wife. 1 H. 83.

As to wife's debts prior to marriage. 3 H. 374, questioned. 9 H. 543, 545.

Necessaries: Husband not liable for attorney's fee for defense of wife in criminal action for desertion of husband. 5 H. 23. Husband not liable at law for attorney's fee in defending wife in libel for divorce. 19 H. 463. Husband not liable for attorney's fee in criminal action against husband by wife for assault and battery. 22 H. 377.

Husband not liable for necessaries, if wife living apart in notorious adultery. 5 H. 695. If credit for necessaries is given solely to the wife, the husband is not responsible. 6 H. 212. Wife may purchase necessaries and those furnishing necessaries may sue husband for their value. 14 H. 554.

Necessaries, showing required. 34 H. 423. Liable for necessaries under rule of "enforced agency" or "agency by necessity". 34 H. 709.

A husband being solely responsible for the support of the family, wife entitled to advances made by her to family venture as creditor in equity of husband; also, entitled to contributions to mutual business investment. 4 U.S.D.C. Haw. 547, 561. Remedy of wife in case of failure of support. 8 H. 495.

Section construed liberally. 19 H. 326.

Recovery cannot be had against husband without proof of delivery and wife is not agent of husband to start an account on his behalf. 22 H. 1.

The statutory duty of spousal support for necessaries continues past the filing of a divorce action, and absent some interim court order concerning "support or maintenance" as provided in this section, remains in effect until the final disposition of divorce proceedings. 88 H. 489 (App.), 967 P.2d 686.

Where husband's medical services were necessaries for which husband was indebted to hospital and debt was contracted for during period when husband was married to wife, under the terms of this section, wife became "liable" for the hospital debt incurred by husband. 88 H. 489 (App.), 967 P.2d 686.

Husband is also liable for breach of implied warranty where only wife and another defendant are registered partners if wife is found to be husband's agent. 198 F. Supp. 78, aff'd 304 F.2d 149.

Cited: 38 H. 1, 4.