Rea v. Durkee
Illinois Supreme Court
This was an appeal from a justice of the peace to the Circuit Court of Ogle county, brought for goods furnished to the wife of Rea, the appellant. Jury found for plaintiff, $74.61. Motion in arrest of judgment by defendant, and a new trial, which was overruled by the court, and exception by defendant. Judgment rendered for $74.61 and costs. Appeal by defendant below.
Read the full summary
This was an appeal from a justice of the peace to the Circuit Court of Ogle county, brought for goods furnished to the wife of Rea, the appellant. Jury found for plaintiff, $74.61. Motion in arrest of judgment by defendant, and a new trial, which was overruled by the court, and exception by defendant. Judgment rendered for $74.61 and costs. Appeal by defendant below. The evidence showed that Durkee was a merchant in Oregon; that Mrs. Rea bought a bill of goods of Durkee, amounting to $71.61; Durkee knew Rea and Mrs. Rea. At the time the goods were purchased, Mrs. Rea had deft her husband and…
1Opinion of the CourtWalker, J.
The law has imposed the duty upon the husband of furnishing the wife with all articles necessary and suitable to his degree and condition in life. If he disregards this duty, the wife may procure them of whom she pleases, and the husband will be liable. Whilst this is true, the husband has the right to furnish them in the mode, and from whom he may choose. And when he has furnished them, other persons can have no such right. Their right to do so can only arise when the husband has failed in the performance of this duty. And when he has discharged this duty he may escape all liability for the…
2Cited by9 opinions
- Gustin ex rel. Atwood v. BrydenAppellate Court of Illinois · 1917
- Bevier v. GallowayIllinois Supreme Court · 1874
- Clark v. CoxMichigan Supreme Court · 1875
- King v. FlemingIllinois Supreme Court · 1874
- Weinstein v. LotsoffAppellate Court of Illinois · 1924
4 more not listed; retrieve them via the Exa API.