Fitch v. . Rathbun
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment entered' in favor of plaintiff, upon the report of a referee.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment entered' in favor of plaintiff, upon the report of a referee. The complaint in this action alleged: “ That Mary Rathbun, on or about the 6th of March, 1866, was the owner of a quantity of household furniture, of the value of $250, of which the defendant became possessed, and sold the same and received therefor $250, and thereby became indebted to her in that amount; and that she afterward, and before the commencement of this action, sold and assigned to the plaintiff her claim…
1Opinion of the Court
Gray, C.
The several grounds here relied on by the defendant for the reversal of the judgment appealed from are reducible to two principal grounds; the first of which, in its proper order is: That the furniture given by the plaintiff to the defendant’s wife, having been, with her consent, taken to the house of the defendant, and there, with other articles of furniture belonging to him, appropriated to household use, became thereby his property in equity as well as at law; and as authority for this proposition he cites Shirley v. Shirley (9 Paige, 363), in which the chancellor held that…
2Cases cited2 opinions
- Sherman v. . ElderNew York Court of Appeals · 1862
- Shirley v. ShirleyNew York Court of Chancery · 1841
3Cited by8 opinions
- Coates v. . First National B'k of EmporiaNew York Court of Appeals · 1883
- Avnet v. AvnetCity of New York Municipal Court · 1953
- Rothschild v. AllenAppellate Division of the Supreme Court of the State of New York · 1904
- Plohn v. PlohnNew York Supreme Court · 1954
- Wainess v. JenkinsCity of New York Municipal Court · 1920
3 more not listed; retrieve them via the Exa API.