Reese v. Chilton
Supreme Court of Missouri
Appeal from Si. Louis Law Commissioner’’s Court. The plaintiff asked the court to instruct the jury as follows : “ 1. If the jury believe from the evidence that Chil-ton and his wife separated and that during said separation her husband made no provision for her maintenance, and that the claim in controversy was for necessaries suitable to her condition in life, they will find for the defendant. 2. That if the jury believe from the evidence that Chilton and his wife…
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Appeal from Si. Louis Law Commissioner’’s Court. The plaintiff asked the court to instruct the jury as follows : “ 1. If the jury believe from the evidence that Chil-ton and his wife separated and that during said separation her husband made no provision for her maintenance, and that the claim in controversy was for necessaries suitable to her condition in life, they will find for the defendant. 2. That if the jury believe from the evidence that Chilton and his wife separated by consent, without any provision for her maintenance, then Chilton is liable for her necessaries, and he sends credit…
1Opinion of the CourtRichardson, Judge
The plaintiff sued the defendant for boarding his wife and for necessaries furnished to her during a temporary separation from her husband. The defendant had a dwelling-house at the time his wife left him, and the plaintiff kn.ew, when she came to his house, that she had separated from her husband. It can not be inferred from the evidence whether the separation -was by the mutual consent of the husband and wife or was brought about by any fault of the husband, and the bare question is presented whether the husband is liable for necessaries furnished to his wife during their separation without…
2Cases cited1 opinion
- Porter v. BobbSupreme Court of Missouri · 1857
3Cited by8 opinions
- Edgerton v. EdgertonMontana Supreme Court · 1892
- Sauter & Adams v. ScrutchfieldMissouri Court of Appeals · 1887
- Attebery v. AtteberyMissouri Court of Appeals · 1974
- County of Audrain v. MuirSupreme Court of Missouri · 1923
- Johnson v. BriscoeMissouri Court of Appeals · 1904
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