Davis v. Fyfe

THE COURT.

This action was brought to recover a balance of sums advanced by plaintiffs, who were the brothers of defendant’s wife, to provide her with the necessaries of life. The defendant admitted his failure to provide, and the court found that the amounts claimed were advanced and actually used for that purpose. Defendant has appealed from the judgment which was entered against him.

He contends that the necessaries not having been directly furnished or paid for by plaintiffs, although procured with the sums advanced, there can be no recovery. Section 174 of the Civil Code provides: “If the…