H. M. PATTERSON & SON v. PAYNE

35260.

90 Ga. App. 699 (1954)

83 S.E.2d 841

H. M. PATTERSON & SON v. PAYNE.

Court of Appeals of Georgia.

Decided September 27, 1954.


Attorney(s) appearing for the Case

Charles W. Smith, Sr., for plaintiff in error.

Johnson & Johnson, contra.


FELTON, C. J.

1. Where a wife dies while living separate and apart from her husband, there is no prima facie presumption or inference that the husband is legally liable for the funeral expenses of the wife, since it is the fact of their living together which is the basis for such a presumption; and where a funeral home under such circumstances furnishes funeral articles and services on the order of a niece and sister of the deceased, the burden of proof is upon the...

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