Davis v. Ritchey
| Citation | 8 N.W. 669,55 Iowa 719 |
| Parties | DAVIS v. RITCHEY |
| Decision Date | 21 April 1881 |
| Court | United States State Supreme Court of Iowa |
Appeal from Boone Circuit Court
ACTION on a promissory note executed by defendant's husband. A motion to strike out part of the petition, and a demurrer to the residue, having been sustained, the plaintiff appeals.
AFFIRMED.
E. L Green, for appellant.
Kidder & Crooks, for appellee.
James M. Ritchey and the defendant were husband and wife. The former has deceased, but during his lifetime he borrowed of the plaintiff certain money, and executed therefor the note sued on. The ground upon which a recovery is asked against the defendant is thus stated in an amendment to the petition:
"That the money so loaned said James M. Ritchey at said February 24, 1879, was at the solicitation of said Ritchey, at said time when said Ritchey was sick and confined to his house, and from which sickness he subsequently died the same being his last sickness, and said Ritchey being at that time, and all time subsequent thereto, wholly unable to work or obtain money to provide himself with medicine and himself and family aforesaid with provisions and necessaries and said Ritchey was at said time wanting and in need of medicine, and money to buy the same with, and himself and family wanting such provisions and necessaries, and in need of money to buy the same with, and this defendant then failed and refused to allow the use of any of her individual money or property for such purposes, and said money was borrowed and had as aforesaid for said purpose only, and said money was used and expended in the purchase of medicines, provisions and necessaries as aforesaid, and borrowed from the plaintiff with the express verbal understanding that it was wanted for and to be used as aforesaid; that defendant was present at the conversation when said James M. Ritchey solicited the loan of said money for said purposes and as aforesaid, and when the money was loaned him; that the defendant in no way objected to such loan, nor intimated against or objected to her liability therefor as a wife of said James M. Ritchey, but in truth and fact remained silent and said nothing concerning it, and plaintiff took then and there the note of said James M. Ritchey in manner aforesaid; that exclusive credit was not given James M. Ritchey for said money, and said defendant was never in any manner by plaintiff or otherwise excepted or...
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