Bean v. Green
Ohio Supreme Court
Error to the District Court of Portage county. Mary A. Green, plaintiff below, brought an action against Moses Bean, defendant below, to recover damages for an injury to her means of support, occasioned by the unlawful sale of intoxicating liquors to her husband, a person in the habit of getting intoxicated.
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Error to the District Court of Portage county. Mary A. Green, plaintiff below, brought an action against Moses Bean, defendant below, to recover damages for an injury to her means of support, occasioned by the unlawful sale of intoxicating liquors to her husband, a person in the habit of getting intoxicated. The petition avers, substantially, that Bean sold intoxicating liquor to her husband, Charles Green, well knowing Charles Green to be a person in the habit of getting intoxicated; that Bean at divers times, for a period of about four years, and up to about August 17, 1873, unlawfully,…
1Opinion of the CourtAshburn, J.
The objection to the competency of Mary A. Green as a witness, based on the facts of coverture, is not well founded. As shown by the bill of exceptions, her testimony was in relation to facts within her own knowledge, and discloses nothing that can be considered confidental communications made or acts done, springing out of the marriage relation, and which would, by reason of that relation, have been excluded at common law.
The statute (67 Ohio L. 113, 114), made her a competent witness, except as to communications made between husband and wife during coverture, or acts done by either in the…
2Cases cited3 opinions
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
- Perminter v. KellySupreme Court of Alabama · 1851
- Andress v. BroughtonSupreme Court of Alabama · 1852