Brown v. Worden
Wisconsin Supreme Court
APPEAL from tlie County Court of MilwtmTeee County. Tbe complaint is as follows: “ Milo W. Brown, tlie plaintiff in tbe above entitled action, complains of Euclid Worden, and says tbat between tbe first day of November, 1873, and the 15th day of October, 1874, be, plaintiff, found and furnished for one Melissa M. Worden, then tbe wife of tbe defendant, at the request of tbe said Melissa M. Worden, necessaries for her use, to tbe value of seventy-five dollars; tbat said sum…
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APPEAL from tlie County Court of MilwtmTeee County. Tbe complaint is as follows: “ Milo W. Brown, tlie plaintiff in tbe above entitled action, complains of Euclid Worden, and says tbat between tbe first day of November, 1873, and the 15th day of October, 1874, be, plaintiff, found and furnished for one Melissa M. Worden, then tbe wife of tbe defendant, at the request of tbe said Melissa M. Worden, necessaries for her use, to tbe value of seventy-five dollars; tbat said sum thereupon, on tbe 15th day of October, 1874, became due therefor from tbe said defendant to this plaintiff; tbat no part…
1Opinion of the CourtLvon, J.
Nothing is alleged in the complaint to show that the defendant is liable for the articles therein mentioned, furnished by the plaintiff to"' the defendant’s wife, except that they were furnished at her request, and were necessaries. The claim that the defendant is liable to pay for such articles depends upon these averments alone.
A husband is not liable, ipso facto, for necessaries furnished his wife without his consent. It is only under special circumstances and conditions that he is liable therefor. Sturtevant v. Starin, 19 Wis., 268; Warner v. Heiden, 28 id., 517; *434Bach v. Parmely, 35 id.,…
2Cases cited2 opinions
- Savage v. DavisWisconsin Supreme Court · 1864
- Sturtevant v. StarinWisconsin Supreme Court · 1865
3Cited by4 opinions
- Sprague v. BrownWisconsin Supreme Court · 1876
- Richardson v. StuesserWisconsin Supreme Court · 1905
- Eder v. GrifkaWisconsin Supreme Court · 1912
- Morgenroth v. SpencerWisconsin Supreme Court · 1905