Stech v. Holmes

• Decision Date: 14 April 1930
• Docket Number: No. 40205.,40205.
• Citation: 230 N.W. 326,210 Iowa 1136
• Parties: STECH v. HOLMES ET AL.
• Court: Iowa Supreme Court

210 Iowa 1136

230 N.W. 326

STECH

v.HOLMES ET AL.

No. 40205.

Supreme Court of Iowa.

April 14, 1930.

Appeal from Municipal Court of Council Bluffs; J. L. Blanchard, Judge.

Suit by a physician to recover from the father of minor children for medical and hospital services rendered to said children in an emergency. The defense was that the father and mother of said children had been divorced and the mother awarded the custody of the said children and certain alimony which had been paid in full by the father, and that he had received no notice of the necessity for the services of plaintiff before the same were rendered. Judgment was entered for the plaintiff upon an agreed statement of facts. The father appeals.

Affirmed.

Havens & Elston, of Logan, for appellant.

H. C. Churchman, of Council Bluffs, for appellee Dr. Joseph L. Stech.

FAVILLE, J.

Appellant and his wife were divorced, and the wife was awarded the custody of the four minor children of said parties, aged ten, nine, eight, and three years. The wife has remarried, and judgment by default has been entered against her. By the decree of divorce the appellant was required to pay his wife alimony in the sum of $75 per month, which was afterward reduced to $50 per month, and on March 1, 1928, a final settlement was made between said parties by which a lump sum of $1,300 was paid by the appellant to his wife in full settlement of alimony. The wife has retained the custody of said children since said divorce, and they live with her in Council Bluffs, Iowa, the appellant living on a farm near Dunlap, Iowa.

The stipulated facts show that the appellee performed an emergency operation upon one of said minor children on the 23d day of December, 1928, and a like emergency operation upon another one of said children on the 12th day of January, 1929; that a certain hospital in Council Bluffs furnished medicine and hospital services and attention for certain of said minor children; and that the claim of said hospital has been duly assigned to appellee. The said services were all performed at the instance of said minors respectively, and were necessaries so furnished to said minors, and the amount sought to be recovered is the fair and reasonable amount.

The sole question for our determination is whether or not, under the stipulated facts which we have substantially recited herein, the appellant is liable for the necessaries so furnished to his said minor children.

[1] It is the rule in this state that, if the parent of a minor child neglects to provide the necessaries for said minor, the parent is liable to a stranger who furnishes the same, even though the child is not living with said parent or within the parent's custody. Porter v. Powell, 79 Iowa, 151, 44 N. W. 295, 296, 7 L. R. A. 176, 18 Am. St. Rep. 353;Guthrie County v. Conrad, 133 Iowa, 171, 110 N. W. 454.

[2] It is also the rule in this state that, notwithstanding that the parents of a minor child are divorced and the custody of a minor child has been given to one of said parents, the other parent is liable to a stranger for the reasonable value of necessaries furnished to such child. Debrot v. Marion County, 164 Iowa, 208, 145 N. W. 467;Davies Dry Goods Co. v. Retherford, 195 Iowa, 635, 191 N. W. 794. See, also, State v. Sayre, 206 Iowa, 1334, 222 N. W. 20;State v. Brodie, 206 Iowa, 1340, 222 N. W. 23.

[3] The fact that the parents have been divorced, and that there has been an award of alimony to the parent given the custody of a child, which alimony has been paid in full by...