EN BANC
[G.R. No. 26062. December 31, 1926. ]
JOSE V. RAMIREZ and ELOISA DE MARCAIDA, Plaintiffs-Appellants, v. J. R. REDFERN, Defendant-Appellee.
Cavanna, Aboitiz & Agan for Appellants.
Thomas Cary Welch for Appellee.
SYLLABUS
1. OBLIGATIONS; QUASI-CONTRACTS; HUSBAND AND WIFE; SUPPORT OF A DEPENDENT BY A STRANGER; ARTICLE 1894 OF THE CIVIL CODE CONSTRUED. — For one to recover under the provisions of article 1894 of the Civil Code, it must be alleged and proved, first, that support has been furnished a dependent of one bound to give support but who fails to do so; second, that the support was supplied by a stranger; and third, that the support was given without the knowledge of the person charged with the duty. The negative qualification is when the support is given without the expectation of recovering it.
2. ID; ID.; ID.; ID.; ID. — Before one can tender succor to the wife of another with an expectation of recouping himself for the loan, the husband should be given an opportunity to render the needful assistance.
3. ID; ID; ID.; ID.; ID. — Where a husband has been amply providing for his wife and children in a foreign land but reduces the allowance because of financial reverses, a sister of his wife and the sister’s husband cannot recover for money furnished the wife without the knowledge of the husband.
4. ID; ID.; ID.; ID.; ID.; "STRANGER," WHO IS. — Quaere as to whether a sister and her husband are "strangers" within the meaning of the law.
2. ID; ID.; ID.; ID.; ID. — Before one can tender succor to the wife of another with an expectation of recouping himself for the loan, the husband should be given an opportunity to render the needful assistance.
3. ID; ID; ID.; ID.; ID. — Where a husband has been amply providing for his wife and children in a foreign land but reduces the allowance because of financial reverses, a sister of his wife and the sister’s husband cannot recover for money furnished the wife without the knowledge of the husband.
4. ID; ID.; ID.; ID.; ID.; "STRANGER," WHO IS. — Quaere as to whether a sister and her husband are "strangers" within the meaning of the law.
D E C I S I O N
MALCOLM, J.:
This case calls for the application of article 1894 of the Civil Code to the facts.
The plaintiffs are Jose V. Ramirez and his wife, Eloisa de Marcaida. The defendant is J. R. Redfern. Jose V. Ramirez and J. R. Redfern are brothers-in-law.
The action is brought by the plaintiffs to recover from the defendant the sums of
The plaintiffs are Jose V. Ramirez and his wife, Eloisa de Marcaida. The defendant is J. R. Redfern. Jose V. Ramirez and J. R. Redfern are brothers-in-law.
The action is brought by the plaintiffs to recover from the defendant the sums of
