Marquardt v. Flaugher
Supreme Court of Iowa
Appeal from Iowa District Court. In 1872 the plaintiff sold to J. R. Flaugber one lady’s gold watcb and chain for $96.65, one ring for $6.00, and other small articles of jewelry, amounting in all to $107.65. On the 15th day of July, 1872, J. R. Flaugher executed his note to plaintiff, on account of said articles, for $107.65, payable in sixty days, with interest at ten per cent.
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Appeal from Iowa District Court. In 1872 the plaintiff sold to J. R. Flaugber one lady’s gold watcb and chain for $96.65, one ring for $6.00, and other small articles of jewelry, amounting in all to $107.65. On the 15th day of July, 1872, J. R. Flaugher executed his note to plaintiff, on account of said articles, for $107.65, payable in sixty days, with interest at ten per cent. The plaintiff alleges that J. R. Flaugher and the defendant, Martha E. Flaugher, are husband and wife, and that the articles in question were for the use, and a part of the expenses, of the defendants as a family.…
1Opinion of the CourtDay, J.
I. The evidence shows that the watch and chain were purchased by J. R. Flaugher and presented to. his wife, the appellant, and that they have been used by her, and occasionally by her daughter. The evidence further shows that the other articles of jewelry were used in the defendant’s family, with the exception of one ring, of the value of three dollars. It further appears that the defendant did not know that the articles were not paid for, until within about one year of the time suit was commenced. The articles in question constitute a family expense, under the doctrine of Smedly v. Felt, 41…
2Cases cited1 opinion
- Smedley v. FeltSupreme Court of Iowa · 1875
3Cited by16 opinions
- Hyman v. HardingIllinois Supreme Court · 1896
- Neasham v. McNairSupreme Court of Iowa · 1897
- Hudson v. King Bros.Appellate Court of Illinois · 1887
- Dodd v. St. JohnOregon Supreme Court · 1892
- Cole v. BentleyAppellate Court of Illinois · 1887
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