Sturtevant v. Starin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Action to recover $131.79 for goods alleged to have been sold by plaintiff, at his store in Delavan in said county, to the defendant residing at Whitewater in the same county. Answer, a general denial. It appeared on the trial that defendant’s wife purchased the goods in her husband’s name.
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APPEAL from the Circuit Court for Walworth County. Action to recover $131.79 for goods alleged to have been sold by plaintiff, at his store in Delavan in said county, to the defendant residing at Whitewater in the same county. Answer, a general denial. It appeared on the trial that defendant’s wife purchased the goods in her husband’s name. The exceptions taken to the rulings of the circuit court, so far as they are passed upon by this court, will sufficiently appear from the opinion. Judgment and verdict for the plaintiff; and the defendant appealed. to the point that if the wife leave her…
1Opinion of the Court
By the Court,
DowNER, J.
The court below erred in instructing the jury “ that if they found that the goods purchased of the plaintiff by the wife of the defendant in his name were such goods as were suitable and necessary for the comfort and standing of himself and his family, then they must find for the plaintiff.” There was evidence tending to prove that *269the wife of the defendant, at the time time of the purchase of the goods, had deserted him without cause. They ought to have been instructed that, in addition to the facts contained in the instruction, they must find that she was living with…
2Cases cited1 opinion
- M'Cutchen v. M'GahayNew York Supreme Court · 1814
3Cited by5 opinions
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- Brown v. WordenWisconsin Supreme Court · 1876
- Morgenroth v. SpencerWisconsin Supreme Court · 1905
- Harttmann v. TegartSupreme Court of Kansas · 1873
- Gimbel Bros. v. AdamsWisconsin Supreme Court · 1922