McMillen v. Lee

Citations

• 78 Ill. 443

Syllabus

<p>1. Parent and child—liability of parent to pay for necessaries furnished his infant child by a third person. Either an express promise, or circumstances from which a promise by the father can be inferred, is essential, in all cases, to bind him for necessaries furnished his infant child by a third person.</p> <p>2. Where the father and mother separate by mutual consent, and the father permits the mother to take the children with her, then the father constitutes the mother his agent to provide for his children, and is bound by her contracts for necessaries for them.</p> <p>3. Instructions. In a suit brought by a physician against the father, for medical attendance on his infant child, it is wrong to instruct the jury that the father is liable, if the services rendered were necessary, without reference to any promise, express or implied. But if the evidence was such as to leave no doubt that there was an implied promise, and the jury were distinctly instructed, on behalf of the defendant, that there must have been a promise, express or implied, the defect in the instruction would do the defendant no such harm as to require a reversal of the judgment.</p>