Berow v. Shields
Utah Supreme Court
Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action by Louis Berow and another against F. A. Shields and wife. Judgment for defendants. Plaintiffs appeal. APPELLANT’S POINTS. Tbe term “expenses of the family” is not synonymous with “necessaries” under the common law. (Arnold v. Kiel, 81 Ill. App. 242.) The term family expenses includes everything essential, necessary or convenient, or so deemed by the husband or wife, to be used in or by the family.
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Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action by Louis Berow and another against F. A. Shields and wife. Judgment for defendants. Plaintiffs appeal. APPELLANT’S POINTS. Tbe term “expenses of the family” is not synonymous with “necessaries” under the common law. (Arnold v. Kiel, 81 Ill. App. 242.) The term family expenses includes everything essential, necessary or convenient, or so deemed by the husband or wife, to be used in or by the family. (Davis v. Ritch-ey, 55 la. 721.) The test is not whether the article in question is necessary or useful (Ross v.…
1Opinion of the CourtFrick, J.
The plaintiffs, in their complaint, after alleging that they were copartners doing business, etc., alleged as follows:
“That on or about the 24th day of September, 1912, at Salt Lake City, Utah, the defendants became indebted to the plaintiffs in the sum of $115.90 on account of goods, wares and merchandise sold and delivered by the plaintiffs to the defendants, at their request and for which they agreed to pay. That they have not paid the same nor any part thereof, by reason whereof there is now due and justly owing from the defendants the sum of $115.90, together with interest at the legal…
2Cases cited6 opinions
- Russell v. GraumannWashington Supreme Court · 1905
- Davis v. RitcheySupreme Court of Iowa · 1881
- Arnold v. KeilAppellate Court of Illinois · 1899
- Vose v. MyottSupreme Court of Iowa · 1909
- Gilman v. MatthewsColorado Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Tanner v. Provo Reservoir Co.Utah Supreme Court · 1931
- Barber v. AndersonUtah Supreme Court · 1929
- COLLETT v. GoodrichUtah Supreme Court · 1951
- Morrison v. FedericoUtah Supreme Court · 1951
- N.A.R., Inc. v. ElmerCourt of Appeals of Utah · 2006
2 more not listed; retrieve them via the Exa API.