Cummings v. Friedman
Wisconsin Supreme Court
APPEAL fi;om the Circuit Court for Rode County. The facts are sufficiently stated in the opinion. The defendant appealed from a judgment in favor of the plaintiff. They contended that a married woman could not become the owner of property by-gift from her husband; that if he gave her money it continued to be his, and her possession thereof was his possession ; and that therefore she could not maintain any action in respect thereto. 1 Bell on IT. & W. 466-9; 1 Bishop on Marr.
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APPEAL fi;om the Circuit Court for Rode County. The facts are sufficiently stated in the opinion. The defendant appealed from a judgment in favor of the plaintiff. They contended that a married woman could not become the owner of property by-gift from her husband; that if he gave her money it continued to be his, and her possession thereof was his possession ; and that therefore she could not maintain any action in respect thereto. 1 Bell on IT. & W. 466-9; 1 Bishop on Marr. "Worn. secs. 64, 730; Baxter v. Knowles, 12 Allen, 114; Thompson v. O'Sullivan, 6 id. 303; Hawkins v. Providence dc W.…
1Opinion of the CourtOetoN, J.
This action was brought by the respondent, as plaintiff, against the appellant, as defendant, for unlawfully, wilfully, and maliciously taking and carrying away $60 in money and a pocket-book, the property of the plaintiff, of the value of $60.15, and converting the same to his own use, to her damage of $2,000. It is alleged in the answer, and was proved upon the trial, that the plaintiff was at the time and is yet a married woman, and had and has a husband living. The testimony was that the plaintiff had said money in a pocket-book, and the pocket-book was in a hand-bag which she had been…
2Cases cited12 opinions
- Beard v. DedolphWisconsin Supreme Court · 1871
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Conway v. SmithWisconsin Supreme Court · 1860
- Putnam v. BicknellWisconsin Supreme Court · 1864
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