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70 Ill. App. 54

Otto v. Matthie

Appellate Court of Illinois

Decided April 15, 1897

Appellate Court of Illinois · decided 1897-04-15

<p>1. Husband and Wife—Family Expenses.—Diamond ear-rings, a watch given to a daughter of the wife by a former marriage and not a member of the family of the husband, and a chain given to the lover of a servant, can not be considered as family expenses and chargeable against a husband without his consent.</p>

Cited by 1 later decisions — most recently December 1948

1 state decisions

Relies on Hyman v. Harding · Gaffield v. Scott · Harding v. Hyman

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1897-04-15

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Mr. Justice Gary

¶1delivered the opinion of the Court.

¶2The appellee was a jeweler, and in a little more than two years, with no acquaintance with the appellant, who was a physician and druggist, the appellee sold to, and repaired goods in his line for the wife of the appellant, without his knowledge, to the amount of $134.75. At the time of the trial $40.75 remained unpaid, she having paid the residue.

¶3Among the items were diamond ear rings, $58, of the destination of which there is no account; a watch, $10, to a daughter of the wife by a former marriage and not a member of the family of the appellant; a gentleman’s chain, $6, a present to the lover of the cook. As none of these articles can be considered as being in a family expense account, and their combined price much exceeds the unpaid balance of the account, the finding of the court, trying the case without a jury, should have been in favor of the defendant—the appellant.

¶4There is no appearance here by the appellee.

¶5On the authority of Gaffield v. Scott, 40 Ill. App. 380, and Harding v. Hyman, 54 Ill. App. 434; S. C., with title reversed, 162 Ill. 357, the judgment is reversed without remanding.

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