Noonan v. Tuttle
New York Marine Court
Motion for new trial on judge’s minutes. The plaintiff sued the defendants jointly for false .imprisonment, claiming that although she was arrested at the instigation of the wife, in the absence of her husband, that the latter is liable for the personal torts of the wife, and that he was therefore not only a proper but necessary party to the action (citing Rowe «. Smith, 45 JST. Y. 233 ; 56 Id. 43 ; 27 How.
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Motion for new trial on judge’s minutes. The plaintiff sued the defendants jointly for false .imprisonment, claiming that although she was arrested at the instigation of the wife, in the absence of her husband, that the latter is liable for the personal torts of the wife, and that he was therefore not only a proper but necessary party to the action (citing Rowe «. Smith, 45 JST. Y. 233 ; 56 Id. 43 ; 27 How. Pr. 374). The complaint was dismissed at the trial as to the husband, upon the ground that the wife caused the plaintiffs arrest, upon suspicion of feloniously taking two canary birds, the…
1Opinion of the CourtMcAdam, J.
The husband is no longer liable for the tortious acts of his wife, committed in the management and control of her separate property, and to this extent the common-law rule has been changed (Boum v. Mullen, 47 N. Y. 577). This new rule was applied to the case of wrongful conversion, by a married lady, of certain personal property on which she claimed a lien, the court holding that, although the wife had in fact no lien, and her refusal amounted in law to a conversion, yet the husband, although present,- was not liable for her wrongful act, and that there was no presumption that the wife was…
2Cases cited7 opinions
- Baum v. . MullenNew York Court of Appeals · 1872
- Mann v. MarshNew York Supreme Court · 1861
- Barton v. BeerNew York Supreme Court · 1861
- Peak v. LemonNew York Supreme Court · 1869
- Malone v. StilwellNew York Court of Common Pleas · 1863
2 more not listed; retrieve them via the Exa API.