Whitmore v. Delano
Superior Court of New Hampshire
Error. brought to reverse a judgment rendered in the* Superior Court, in this County, Nov. term, 1832, against the plaintiffs’ Susan Whitmore, and Henry Frary, in am action of trespass, brought against them by the defendant in error. Judgment was rendered in the original actionr against the two defendants, by agreement of the attorney' who appeared for them in that suit.
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Error. brought to reverse a judgment rendered in the* Superior Court, in this County, Nov. term, 1832, against the plaintiffs’ Susan Whitmore, and Henry Frary, in am action of trespass, brought against them by the defendant in error. Judgment was rendered in the original actionr against the two defendants, by agreement of the attorney' who appeared for them in that suit. The plaintiffs assigned for error — That before the day of suing out the said original writ of the said Delnnoy against the said Susan and Henry, and before the giving' ©f the judgment aforesaid, to wit on the 10th day of…
1Opinion of the CourtParker, J.
The husband is liable for the torts of the wife committed after marriage.
There seems to have been some diversity of opinion whether the wife is liable to be sued where the tort is the joint act of the husband and wife, but where the act is done by her alone sire is liable, and whenever she is sued for a tort, there seems no doubt that the husband should be joined. Bac. Abr. Bar. & Feme, L.; Com. Dig. Bar. & Feme, Y; Bing. Inf. & Cov. 255; Reeve’s Dom. Rel. 72; 1 Chitty’s Pl. 81; Yelv. Rep. 165, Draper v. Fulkes; Noy’s Rep. 79, Newman v. Cheyney; Owen’s Rep. 48. Baldwin v. Mortin; 1 Salk. 114,…
2Cases cited3 opinions
- Richard v. WaltonNew York Supreme Court · 1815
- Andrews v. BosworthMassachusetts Supreme Judicial Court · 1807
- Carter v. Phelps'sNew York Supreme Court · 1811
3Cited by2 opinions
- Sargeant v. FrenchSuperior Court of New Hampshire · 1839
- Burt v. StevensSuperior Court of New Hampshire · 1850