51 Iowa 182 | Iowa | 1879
The plaintiff relies upon section 2214 of the Code, which makes the expenses of the family chargeable upon the property of the wife as well as the husband. While the plaintiff furnished nothing which was used in the family, but only the money which paid the indebtedness incurred for what was used, he claims to have succeeded to all the rights of the original creditors.
In our opinion, there is no privity of contract between Mrs. King and the plaintiff. It is true that where a person furnishes goods for family use, and which goods are so used, he may under the statute charge them to the wife, although furnished solely upon the husband’s request. When goods are so furnished and used, and charged to the wife, it seems probable to us that, upon a sale and assignment of the account against the wife, the assignee would become entitled to recover against her upon the account. So if a person should, at her request, pay an account against her for which she was liable, a right of action would doubtless accrue to the person making such payment, but the right of action would
Reversed.