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· 6/15/1876

Phillips v. Meyers

Citations

  • 82 Ill. 67

Syllabus

<p>1. Consideration—agreement of wife to return to her husband. Where a wife had separated from her husband for drunkenness and ill-treatment, and brought suit for a divorce, the dismissal of the suit and her agreement to live with him, which is done, is a sufficient consideration for a promissory note given by the husband to a third person for the use of the wife.</p> <p>3. Same—duty of husband to support wife, a good consideration. A husband being under a legal obligation to support his wife, an agreement on his part to pay money to a trustee for her use, without any promise or agreement on her part, will be binding on him, and is founded on a sufficient consideration.</p> <p>3. Husband and wipe—settlement on wife binding. The power of a husband to make a settlement of property or funds on his wife by the intervention of a trustee can not be questioned; and a settlement thus made can be questioned only by existing creditors of the husband. His obligation to support her, and the relation of the parties, furnish a sufficient consideration to support the same.</p>

Judges: Walker

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