Reese v. Chilton

• Decision Date: 31 March 1858
• Citation: 26 Mo. 598
• Parties: REESE, Appellant, v. CHILTON, Respondent.
• Court: Missouri Supreme Court

26 Mo. 598

REESE, Appellant,

v.CHILTON, Respondent.

Supreme Court of Missouri.

March Term, 1858.

1. A merchant dealing with a wife living apart and separated from her husband must take notice of such separation; he can not recover of the husband for any supplies furnished to the wife unless the separation be on account of the misconduct of the husband, or by the mutual consent of husband and wife without an adequate allowance for her support.

2. If the wife leave her husband without cause, he will not become liable, by receiving her back, for necessaries supplied to her during her unlawful absence.

Appeal from St. Louis Law Commissioner's Court.

The plaintiff asked the court to instruct the jury as follows: “1. If the jury believe from the evidence that Chilton and his wife separated and that during said separation her husband made no provision for her maintenance, and that the claim in controversy was for necessaries suitable to her condition in life, they will find for the defendant. 2. That if the jury believe from the evidence that Chilton and his wife separated by consent, without any provision for her maintenance, then Chilton is liable for her necessaries, and he sends credit with her to that extent. 3. That if the jury believe from the evidence that, since the claim in controversy accrued, Chilton has received his wife back again and that they are now living together as man and wife, and that plaintiff's account is for necessaries furnished her during the separation, they will find for the plaintiff. 4. That if the jury believe from the evidence that Chilton received his wife back, then it is immaterial whether she left with or without a cause, and he is bound for all necessaries furnished her suitable to her condition in life. 5. That it is competent for a party to prove any fact in the cause by circumstances, and the jury have a right to take into consideration all the facts and circumstances of the case, and may draw such inferences as in their judgment the facts and circumstances warrant. 6. If the jury believe from the evidence that Mrs. Chilton received such treatment from her husband as to afford her a reasonable cause to depart from his home, then he is bound by all her contracts for necessaries suitable to her circumstances and those of the husband.”

Of these instructions the court refused all except the fifth. The court gave the following instructions at the instance of defendant: “1. The law will not permit a man to board or harbor the wife of another against his will, unless it be to protect her from some wrong or injury perpetrated or about to be perpetrated upon her by her husband; and before the plaintiff can recover in this cause he must satisfy the jury by competent evidence that the conduct of defendant was such towards his wife as to drive her from his house. 2. If...