{ "id": 2604650, "name": "Henry F. Hibler v. Frederick M. Thomas", "name_abbreviation": "Hibler v. Thomas", "decision_date": "1901-12-10", "docket_number": "", "first_page": "355", "last_page": "357", "citations": [ { "type": "official", "cite": "99 Ill. App. 355" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "71 Ill. 517", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5309713 ], "opinion_index": 0, "case_paths": [ "/ill/71/0517-01" ] }, { "cite": "25 Ill. 503", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 443713 ], "opinion_index": 0, "case_paths": [ "/ill/25/0503-01" ] } ], "analysis": { "cardinality": 251, "char_count": 4392, "ocr_confidence": 0.565, "pagerank": { "raw": 6.770845263994211e-08, "percentile": 0.41201417534381346 }, "sha256": "011d21f0d5f6a80db97f46bbe7a5d0ee3dd58fc5f58c7d199e4d502f2289d059", "simhash": "1:a5db8b70709ba2ad", "word_count": 752 }, "last_updated": "2023-07-14T18:49:57.366340+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Henry F. Hibler v. Frederick M. Thomas." ], "opinions": [ { "text": "Mr. Presiding Justice Harker\ndelivered the opinion of the court.\nThis is an appeal from a judgment of $66.14 rendered by the Circuit Court in favor of appellee and against appellant in a suit originally brought before a justice of the peace to recover for merchandise sold to appellant\u2019s wife, to be used in appellant\u2019s family as \u201c family expenses.\u201d\nThe parties to the suit are brothers-in-law and the evidence shows that ill-will had existed between them for a considerable length of time prior to the buying of the goods.\nThey were sold after appellant had notified appellee not to sell any goods to his wife on credit, and after he had instructed his wife to purchase no more goods from appellee.\nThere is no dispute as to the amount of the goods sold or the price charged for them; but appellant contends, first, that not all the articles sold are embraced within the term \u201c family expenses; \u201d secdnd, -that appellant\u2019s wife had no right to pledge her husband\u2019s credit under the circumstances, and that appellee had no right to extend the credit after being notified by appellant not to do so.\nCounsel do not point out what items of the account are not embraced within the terms, \u201c family expenses.\u201d We have examined the list of items and do not discover any not suited to the social position and condition in life of Appellant\u2019s family. We think all of the articles sold are properly included within the term.\nThe case hinges upon the other contention. The appellant having notified appellee not to sell his wife goods on his credit, the burden rested upon appellee to prove not only that the goods sold were embraced within the term \u201c family expenses,\u201d but also to show that the appellant had neglected to furnish them. The law requires the husband to provide his wife and family with that which is necessary for their suitable maintenance according to their station in life. Ordinarily he will be presumed to assent to the wife making such purchases as in the conduct of the domestic concerns are proper for her management and supervision. This presumption ceases when he gives the merchant notice not to sell on his credit, and he can not, by sales made after such notice, be bound, unless he neglects to procure supplies necessary to the condition and situation of his family. Schouler\u2019s Domestic Relations, Secs. 63-76; Rea v. Durkee, 25 Ill. 503; Bevier v. Galloway, 71 Ill. 517.\nThe burden of proof was upon appellant, first, to establish his notice not to sell, and having proven that, the burden shifted upon appellee to prove that appellant failed to furnish the necessary and suitable support to his wife and family.\nIt appears from the evidence that appellant made provision for his wife purchasing goods at the store of one Harrison, and there is no evidence whatever to show that he refused to furnish any necessaries that could not be found in Harrison\u2019s stock of goods. Clearly, the verdict of the jury is wrong, under the evidence.\nJudgment reversed and cause remanded.", "type": "majority", "author": "Mr. Presiding Justice Harker" } ], "attorneys": [ "Lawrence & Lawrence, attorneys for appellant.", "Winter & Rearick, attorneys for appellee." ], "corrections": "", "head_matter": "Henry F. Hibler v. Frederick M. Thomas.\n1. Husband and Wife \u2014 Duty of the Husband to Provide Necessaries. \u2014 The law requires the husband to provide his wife and family with that which is necessary for their suitable maintenance according to their station in life. Ordinarily he will be presumed to assent to the wife making such purchases as in the conduct of her domestic concerns are proper for her management, but this presumption ceases when the husband gives the merchant notice not to sell to her on his credit, and he can not, after such notice, be bound, unless he neglects to procure the supplies necessary to the condition and situation of his family.\n2. Same \u2014 Notice by the Husband Not to Sell to the Wife. \u2014 Where a husband notifies a merchant not to sell goods on credit to his wife and he is subsequently sued for goods sold to her after such notice, the burden is upon the husband, first, to establish his notice, and having done so, it shifts upon the merchant to show that the husband failed to furnish the necessary and suitable support to his wife and family.\nAssumpsit, for goods sold, etc. Appeal from the Circuit Court of Vermilion County: the Hon. Ferdinand Booicwalter, Judge, presiding. Heard in this court at the May term, 1901.\nReversed and remanded.\nOpinion filed December 10, 1901.\nLawrence & Lawrence, attorneys for appellant.\nWinter & Rearick, attorneys for appellee." }, "file_name": "0355-01", "first_page_order": 381, "last_page_order": 383 }