Wirt v. Dinan
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. D. A. DeArmond, Judge. (1) The husband and wife are jointly liable for damages growing out of the torts of the wife committed in the husband’s absence and without his consent. Munter v. Bande, 1 Mo. App. 489; Merrill v. The City of St. Louis, 12 Mo.
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Appeal from the Bates Circuit Court. — Hon. D. A. DeArmond, Judge. (1) The husband and wife are jointly liable for damages growing out of the torts of the wife committed in the husband’s absence and without his consent. Munter v. Bande, 1 Mo. App. 489; Merrill v. The City of St. Louis, 12 Mo. App. 466; Merrill v. The City of St. Louis, 83 Mo. 244; Alexander v. Lydick, 80 Mo. 342; Dailey v. Houston, 58 Mo. 361; 2 Bishop on Married Women, 256-7; 2 Kent’s Comm., p. 149,' note 1, and p. 241, note 1; Goulding v. Davidson, 26 N. Y. 604 ; Fitzgerald v. Quann, 12 Cent. Rep. (N. Y.) 745; Heckle v.…
1Opinion of the CourtSmith, P. J.
This was an action to recover damages for deceit. The petition stated that the said defendants are now, and were at the times hereinafter mentioned, married and living together as husband and wife; that said defendant, Anna Dinan, without the knowledge or consent, and in the absence, of her said husband, did, on or about the thirty-first day of August, 1888, for the purpose and with the intent at the time of cheating, wronging and defrauding plaintiff and of obtaining money and property from him, at the county of Bates and state of Missouri, unlawfully, wilfully and feloniously take, steal…
2Cases cited23 opinions
- Kilgore v. JordanTexas Supreme Court · 1856
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Vasse v. SmithSupreme Court of the United States · 1810
- Dailey v. HoustonSupreme Court of Missouri · 1874
- McElfresh v. KirkendallSupreme Court of Iowa · 1873
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3Cited by2 opinions
- Boutell v. ShellabergerSupreme Court of Missouri · 1915
- Lambert v. JonesMissouri Court of Appeals · 1902