Muser v. Miller
The Superior Court of New York City
Mbs. J ulia Miller is now in Ludlow street jail, upon an order of arrest in a suit brought to recover the value of a large quantity of laces stolen from the firm by one of its employes, and which it was claimed Mrs. Miller received, knowing that it was stolen property. Motion is made to vacate the order upon the ground that she being a married woman cannot be held upon an order of arrest in a civil action.
1Opinion of the Court
Freedman, J. —
The plaintiffs have made out &prvma fade case against the defendant Julia Miller which has not been overcome by the proofs adduced by her to such a degree that I can determine the merits. The testimony of James J. Madden, the thief, and Fannie Lewis, the receiver, is corroborated in several particulars, and especially by the circumstances that some of the stolen goods have been shown beyond controversy to have been in the possession of the defendant. *284Her statement by affidavit, that she paid a fair value for the goods she did purchase from the receiver, cannot overcome the case…
2Cases cited3 opinions
- Kowing v. . ManlyNew York Court of Appeals · 1872
- Solomon v. WaasNew York Court of Common Pleas · 1858
- Baldwin v. KimmelThe Superior Court of New York City · 1863