Benjamin v. Benjamin
Supreme Court of Connecticut
This was an action of trespass guare clausum fregit, with a count de bonis asportatis. The cause was tried at Hartford, September term, 1842, before Storrs, J. Oil the trial, the plaintiff, in support of the allegations in his declaration, proved, that while he was the owner of two tracts of land, and of about 18 acres of grass growing on one of them, and of about 6 acres of grass, with a quantity of oats, growing on the other, the defendant, by virtue of a writ of…
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This was an action of trespass guare clausum fregit, with a count de bonis asportatis. The cause was tried at Hartford, September term, 1842, before Storrs, J. Oil the trial, the plaintiff, in support of the allegations in his declaration, proved, that while he was the owner of two tracts of land, and of about 18 acres of grass growing on one of them, and of about 6 acres of grass, with a quantity of oats, growing on the other, the defendant, by virtue of a writ of attachment in a suit brought by him against the plaintiff, on a promissory note, caused said land and the grass growing on one of…
1Opinion of the CourtStorrs, J.
The justification set up by the defendant, for doing the acts complained of, in respect to the cutting and carrying away the grass in question, depends on the validity of the authority given, by the wife of the plaintiff.
It is not claimed by the defendant, that such authority is valid, by virtue of the power which the wife has, in certain cases, to charge her husband, in the procurement of necessaries for herself or the family. For it was not for the of any part of the family, that she, in the present case, ized or procured the defendant to do the acts complairífecrbf; nor could they, in any…
2Cases cited3 opinions
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Church v. LandersNew York Supreme Court · 1833
- Rotch v. MilesSupreme Court of Connecticut · 1818
3Cited by28 opinions
- Quint v. O'ConnellSupreme Court of Connecticut · 1915
- Kovner v. DubinSupreme Court of Connecticut · 1926
- Folsom v. Apple River Log-Driving Co.Wisconsin Supreme Court · 1877
- Thompson v. BrownSupreme Court of Georgia · 1905
- Evans v. Crawford County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1906
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