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North Carolina Baptist Hospitals, Inc. v. Harris

Supreme Court of North Carolina

354 S.E.2d 471 (1987)

Relevant factsFree

Donnie Harris (defendant) received necessary hospital treatment from North Carolina Baptist Hospitals (plaintiff), and his wife Vern Dell (defendant) signed the treatment-authorization form in his name but not as a guarantor; when the $3,303.61 bill went unpaid, the hospital sued both spouses, arguing Vern Dell was liable under the necessaries doctrine, which traditionally made a husband liable for a wife's necessary expenses. The trial court and court of appeals dismissed the claim against Vern Dell, and the hospital appealed.

IssueFree

Whether, absent an express contract, a wife may be held responsible for necessary medical expenses incurred by her husband under the necessaries doctrine.

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