Lawrence v. Sinnamon
Supreme Court of Iowa
Appeal from Wapello District Court. This action was commenced November 15, 1866. The petition makes this case: From April, 1857, to January, T858, plaintiff sold to the defendant, Thomas Sinnamon, good's and merchandise as per account annexed, some to the husband, some to the wife, but all were purchased and received for the use of the family of defendants; were necessaries, were thus used, the expense thereof was a family expense, within § 2507 of the Revision, and properly…
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Appeal from Wapello District Court. This action was commenced November 15, 1866. The petition makes this case: From April, 1857, to January, T858, plaintiff sold to the defendant, Thomas Sinnamon, good's and merchandise as per account annexed, some to the husband, some to the wife, but all were purchased and received for the use of the family of defendants; were necessaries, were thus used, the expense thereof was a family expense, within § 2507 of the Revision, and properly chargeable upon the property of both; that these articles were charged, in accordance with the usual custom of…
1Opinion of the CourtWeight, J.
1. limitation, STATUTE OF demurrer. If the petition shows affirmatively that the cause of action is barred, then, under the statute, the objection may be taken advantage of by de- ° __ ** O ./ murrer. Rev. §§ 2961, 2962.
2. — husband aud wife: famiiynecessaries. We then inquire, does this affirmatively appear ? As to the husband, we answer most unhesitatingly, clearly not. Plaintiff counts upon the facts, and this was , , needful to show the wife s liability. Put, though the last item of the account is dated in January, 1858, and though without more the action would have been barred in July,…
2Cited by20 opinions
- Smedley v. FeltSupreme Court of Iowa · 1875
- Black v. SippyOregon Supreme Court · 1888
- Apuzzo v. HoerSupreme Court of Connecticut · 1939
- Van Doran v. MardenSupreme Court of Iowa · 1878
- Gabriel v. MullenSupreme Court of Missouri · 1892
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