Kluender v. Lynch
New York Court of Appeals
(Points not found with the case.) I. The verdict of the jury and judgment thereon must be deemed to have established the following points as questions of fact: 1. That the plaintiff had a separate estate. 2. That she invested it in business in her own name and, for her own benefit, at ¡No. 78 Bowery, and carried on that business herself, in good faith, from May 1, 1861, until she was broken up by defendant on or about the 2d of May, 1862. 3. That the defendant wrongfully…
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(Points not found with the case.) I. The verdict of the jury and judgment thereon must be deemed to have established the following points as questions of fact: 1. That the plaintiff had a separate estate. 2. That she invested it in business in her own name and, for her own benefit, at ¡No. 78 Bowery, and carried on that business herself, in good faith, from May 1, 1861, until she was broken up by defendant on or about the 2d of May, 1862. 3. That the defendant wrongfully took the property of the plaintiff, for which this action is brought. II. The plaintiff had a sole and separate estate,…
1Opinion of the CourtMason, J.
"When actions had names, this would be known as an action of trover, brought to recover the contents of a cigar store, 2To. 78 Bowery, Mew York city. The plaintiff makes title to the property in virtue of her possession and apparent ownership. She is a married woman, and was carrying on business at that place in her own name. Her *363husband, Frederick H. Kluender, was owing his wife, the plaintiff, for borrowed money some six thousand dollars, and he, having been burned out, in order to pay her, made over to her in money, cigars, etc., some two thousand dollars, and with this she went into…
2Cases cited5 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Sherman v. . ElderNew York Court of Appeals · 1862
- Gage v. . DauchyNew York Court of Appeals · 1866
- Buckley v. . WellsNew York Court of Appeals · 1865
3Cited by5 opinions
- Ayrault v. . the Pacific BankNew York Court of Appeals · 1872
- Beard v. DedolphWisconsin Supreme Court · 1871
- Zimmerman v. ErhardNew York Court of Common Pleas · 1879
- Graff v. KinneyNew York Supreme Court · 1884
- Brace v. GouldNew York Supreme Court · 1873