Manix v. State

Personal Injuries — Automobiles — Negligence — Action by Wife Against Husband not Maintainable — Action Against Insurer Alone or as Co-defendant With Insured Does not Lie — Contract Made for Benefit of Third Persons — Statute Inapplicable. Personal Injuries — Automobiles — Prior Holdings That Wife may not Sue Husband for Negligence in Operation of Car Reaffirmed. 1. Prior holdings that an action by a married woman against her husband to recover damages for injuries sustained because of alleged negligence of the latters chauffeur in operating defendants car while plaintiff was riding therein, does not lie, reaffirmed. Same — Automobile Insurance Against Public Liability — Action Against Insurance Company not Maintainable Until Liability of Insured Adjudicated. 2. Where an insurance company agrees under a public liability policy to indemnify the owner of an automobile for damages arising from its operation, specifically providing, however, that no action against it (the insurer) for injuries sustained shall be brought unless final judgment has been obtained against the insured, which judgment remains unsatisfied, section 8168, Revised Codes 1921, declaring that the insurer is jointly liable with the indemnitee, does not operate prior to an adjudication of liability Page 32 against the insured; hence an action by the injured person prior to such adjudication does not lie against the insurer alone nor against it joined as defendant with the insured. Same — Action Against Insurer Does not Lie on Theory That Contract Made for Benefit of Third Persons. 3. Section 7472, Revised Codes 1921, declaring that a contract "made expressly for the benefit of a third person may be enforced by him," held to have no application to a contract insuring the owner of an automobile under a policy of the nature of the above.