Monahan v. Auman
Superior Court of Pennsylvania
Appeal, No. 35, March T., 1909, by defendant, from judgment of C. P. Luzerne Co., May T., 1907, No. 106, on verdict for plaintiff in case of F. J. Monahan v. William H. Auman, Jr. Assumpsit to recover for necessaries furnished defendant’s wife and children. Before Halsey, J, The facts are stated in the opinion of the Superior Court.
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Appeal, No. 35, March T., 1909, by defendant, from judgment of C. P. Luzerne Co., May T., 1907, No. 106, on verdict for plaintiff in case of F. J. Monahan v. William H. Auman, Jr. Assumpsit to recover for necessaries furnished defendant’s wife and children. Before Halsey, J, The facts are stated in the opinion of the Superior Court. At the trial when the defendant was on the stand he was asked this question: "Q. Mr. Auman, from the time you left Wilkes-Barre here and went to Philadelphia up until March, the time this suit was entered, about how much did you make a year, average?” Plaintiff’s…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action is on an implied assumpsit for board, lodging, clothing, medical supplies, etc., furnished to the wife of the defendant who is the plaintiff’s daughter. The right of recovery is founded on the allegation that the defendant separated himself from his wife and children without legal cause and without having made provision for their maintenance as their necessities demanded and his financial condition permitted. The facts set forth in the declaration imposed on the plaintiff the burden of showing that the defendant’s wife was living apart from him…
2Cases cited3 opinions
- Walker v. SimpsonSupreme Court of Pennsylvania · 1844
- Beck v. BeckSupreme Court of Pennsylvania · 1894
- Hultz v. GibbsSupreme Court of Pennsylvania · 1870
3Cited by8 opinions
- Caldwell v. CaldwellSuperior Court of Pennsylvania · 1918
- Bickerton v. TanneySuperior Court of Pennsylvania · 1950
- Marshall v. HillSuperior Court of Pennsylvania · 1915
- Archibald v. Archibald, Pennsylvania Court of Common Pleas, Lancaster County1926
- Brous v. Brous, Pennsylvania Court of Common Pleas, Philadelphia County1924
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