Neasham v. McNair
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. F. W. Eichelberger, Judge. The petition alleges that the defendants are husband and wife, a family of large fortune, high social rank, and luxurious habits; that O. E. McNair purchased an article of jewelry for his personal use and adornment, and used the same for such purpose; that he afterward executed a note therefor, no part of which has been paid. It was admitted that the article referred to is a diamond shirt stud.
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Appeal from Wapello District Court. — Hon. F. W. Eichelberger, Judge. The petition alleges that the defendants are husband and wife, a family of large fortune, high social rank, and luxurious habits; that O. E. McNair purchased an article of jewelry for his personal use and adornment, and used the same for such purpose; that he afterward executed a note therefor, no part of which has been paid. It was admitted that the article referred to is a diamond shirt stud. Anna I. McNair demurred •on the ground that such stud is not an expense for the payment of which she is liable. The plaintff…
1Opinion of the CourtLadd, J.
Is a diamond shirt stud, worn by the husband for personal use and adornment, an expense *696of the family, for which the wife may be liable? Section 2214 of the Code of 1873 provides'that “the expense of the family .and the education of the children are chargeable upon the property of both husband and wife, or either'of them, and in relation thereto they may be sued jointly or separately.” At common law the husband was liable'for any expense incurred in the clothing .and maintenance of the wife and children, suitable to his situation in life. The term “necessaries” was not confined to food and…
2Cases cited17 opinions
- Cahill v. EastmanSupreme Court of Minnesota · 1872
- Fitzgerald v. McCartySupreme Court of Iowa · 1881
- Smedley v. FeltSupreme Court of Iowa · 1875
- Raynes v. BennettMassachusetts Supreme Judicial Court · 1874
- Porter v. BriggsSupreme Court of Iowa · 1874
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3Cited by12 opinions
- Birch v. BirchMissouri Court of Appeals · 1905
- Conley v. WaldenMontana Supreme Court · 1975
- Thompson v. ButlerSupreme Court of Iowa · 1932
- Phillips v. PhillipsSupreme Court of Alabama · 1907
- Vose v. MyottSupreme Court of Iowa · 1909
7 more not listed; retrieve them via the Exa API.