Schnuckle v. Bierman

Citations

• 89 Ill. 454

Syllabus

<p>1. Parent and child.—liability of. parent for necessaries furnished his child. An express promise, or circumstances from which a promise can be inferred, is indispensably necessary in order to bind the parent for necessaries furnished Ms infant child by a third person.</p> <p>2. Where an infant daughter, without her father’s knowledge, went to the house of the plaintiff, where her mother was staying wrongfully and against the husband’s wish, to see her mother and take her some clothes, and the plaintiff would not .let her return, but hid her away in a bedroom, and when the father went in search of her, told him he did not know where she was, it was held, that the plaintiff was not entitled to recover of the father for the board and lodging of the daughter.</p> <p>3. Husband and wife—liability of husband on account of wife. In the absence of any special promise of the husband to pay for the board and lodging of his wife, living apart from him, to a third person, he will not be responsible therefor, unless she was living separate from him by his consent, or his conduct was such as to justify her in leaving his bed and board.</p> <p>4. Where a wife left her husband’s house without his consent, and without justification by his conduct towards her, and- went to that of the plaintiff, with her nursing babe, and the husband made repeated efforts by himself and through others to procure her return home, and tried to induce the plaintiff to assist him in the same purpose, but the plaintiff made no endeavor to persuade her to go back to her husband, and forbade the husband coming to his house, it was held, that in the absence of any express agreement to pay, the husband was not liable to the plaintiff for the board and lodging of the wife and child.</p> <p>5. Same—husband’s liability on conditional promise. Where a wife leaves her home without the fault or misconduct of her husband, and against his wishes, and takes board and lodging with a stranger, and the husband, in or