Mandel Bros. v. Ringstrom, 189 Ill. App. 564 (1914)

Nov. 25, 1914 · Illinois Appellate Court · Gen. No. 19,178
189 Ill. App. 564

Mandel Brothers, Defendant In Error, v. Charles J. Ringstrom, Plaintiff in Error.

Gen. No. 19,178.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1918.

Affirmed.

Opinion filed November 25, 1914.

Statement of the Case.

Suit by Mandel Brothers against Charles J. Ringstrom to recover the price of certain goods sold by plaintiff to the wife of the defendant. A trial by jury resulted in a verdict and judgment against defendant for $106.71, and he brought error.

*565Abstract of the Decision.

1. Husband and wife, § 8 * —what is nature of liability for family expenses. Section 15 of the Act relating to husband and wife, J. & A. ¶ 6152, as to family expenses, is in derogation of the common law and enlarges the liability of husband and wife, either jointly or severally, for family expenses, and such liability is not dependent upon an authorization by the party sought to be held liable.

2. Husband and wife, § 8 * -—what is meaning of term “expenses of the family." The term “expenses of the family” as employed in section 15 of the Act relating to husband and wife, J. & A. ¶ 6152, is not synonymous with “necessaries.”

Chytraus, Healy & Frost and Edwin White Moore, for plaintiff in error.

Ringer, Wilhartz & Louer, for defendant in error.

Mr. Presiding Justice Baume

delivered the opinion of the court.