Bevier v. Galloway

Citations

• 71 Ill. 517

Syllabus

<p>1. Husband and wife—husband not liable for necessaries furnished his wife when she lives separate from him without his fault. The law requires the husband to furnish the wife with all necessaries suitable to his condition in life, including medical attendance in case of sickness, but it gives him the right to procure these necessaries himself, and to decide from whom and from what place they shall come. And where the husband has provided a home for his wife, together with the necessaries of life, and she receives kind treatment from him, but, disregarding this, voluntarily, and without any good and sufficient cause, deserts him and lives apart from him, then the duty and obligation resting upon him, to furnish necessaries, ceases.</p> <p>8. Same—party furnishing necessaries to a wife living apart from her husband, bound to know whether she has cause. Where a physician rendered medical services to a wife whom he knows to be living separate and apart from her husband, he is bound to know whether she has cause for so doing or not, and if she has no cause, he can not hold the husband liable for such services.</p> <p>3. Same—husband liable for necessaries furnished the wife when he refuses to furnish them. If the husband fails to furnish his wife with the necessaries of life at his residence, or if he abuses her and fails to discharge his duties as a husband, so that she can no'longer reside with him, she has the undoubted right to seek a residence elsewhere, and procure necessaries at his expense.</p>