Accounts Mgmt. v. Litchfield - 1998 S.D. 24, 576 N.W.2d 233

Rule:

S.D. Codified Laws § 25-2-11 provides that every husband and wife shall be jointly and severally liable for the purchase price, if such price be stated or agreed upon at the time of purchase, and if not so stated or agreed upon, for the reasonable value of all the necessaries of life, consisting of food, clothing, and fuel purchased by either husband or wife for their family while they are living together as husband and wife.

Facts:

After the widow ceased making payments on the remaining amount of the deceased debtor's hospital bill, the creditor commenced an action against the widow to recover the unpaid portion of the bill. The widow denied responsibility for the medical bill, contending that her marriage was void for lack of recording with the register of deeds as required by S.D. Codified Laws § 25-1-35. The trial court granted the creditor's summary judgment motion.

Issue:

Was the widow liable to pay the unpaid portion of the deceased debtor's hospital bill? 

Answer:

Yes.

Conclusion:

The court affirmed the trial court's judgment. The court held that the widow had been married to the deceased debtor, as the marital statutes were construed to favor validation of a marriage even when full compliance with statutory formalities was deficient, the widow signed the hospital admission as the deceased debtor's wife, and the widow signed a petition swearing under oath that she was married to the deceased debtor. The court further held that the deceased debtor's medical expenses were "necessities" under S.D. Codified laws § 25-2-11, as husbands and wives had to stand accountable for each other's bills when third-party creditors provided necessaries to their respective spouses.