Third Nat. Bank v. Guenther
Superior Court of Buffalo
Appeal from judgment on report of referee. Prior to 1874 one Henry T. Gillett carried on business as a wholesale and retail liquor dealer at Buffalo. For a portion of the time his son, Albert A. Gillett, and John G. Guenther, were partners with him, under the firm name of Henry T. Gillett & Son. Albert A. Gillett died, and the business was then conducted by the surviving partners, each having an equal interest.
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Appeal from judgment on report of referee. Prior to 1874 one Henry T. Gillett carried on business as a wholesale and retail liquor dealer at Buffalo. For a portion of the time his son, Albert A. Gillett, and John G. Guenther, were partners with him, under the firm name of Henry T. Gillett & Son. Albert A. Gillett died, and the business was then conducted by the surviving partners, each having an equal interest. In Hovember, 1874, Henry T. Gillett died, leaving a will, in which, after making several bequests, he bequeathed to his daughter, Georgiana J. Guenther, the residue and remaider of his…
1Opinion of the CourtHatch, J.
The question which is here presented for determination, is, can the husband and wife, by contract between themselves, change the rights, liabilities, and obligations which inhere to the marital relation. It is clear that no such power existed at common law. Beach v. Beach, 2 Hill, 260; 1 Shars. Bl. Comm. 441, 442 ; 2 Kent, Comm. (12th Ed.) 129. Among the liabilities thus created by the marital relation, always existing, and which still exists, is the obligation resting upon the husband to support and maintain the wife; and this, without regard to whether the wife is possessed of a sole and…
Also in this document: Concurrence.
2Cases cited24 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Coleman v. . BurrNew York Court of Appeals · 1883
- Krumm v. . BeachNew York Court of Appeals · 1884
- Knapp v. . SmithNew York Court of Appeals · 1863
- White v. . WagerNew York Court of Appeals · 1862
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3Cited by1 opinion
- Romer v. KochNew York Supreme Court · 1888