Lockwood v. Corey
Massachusetts Supreme Judicial Court
Tort for the conversion of a litter of pigs. At the trial in the Superior Court, before Dunbar, J., it appeared in evidence that the defendant, a deputy sheriff, attached the pigs as the property of John Lockwood, the husband of the plaintiff, in an action brought against him by a creditor of his.
Read the full summary
Tort for the conversion of a litter of pigs. At the trial in the Superior Court, before Dunbar, J., it appeared in evidence that the defendant, a deputy sheriff, attached the pigs as the property of John Lockwood, the husband of the plaintiff, in an action brought against him by a creditor of his. The plaintiff testified that there were ten in her family, including five children, all minors, her husband and herself; that she kept three boarders, who paid her in all eleven and a half dollars per week; that she sometimes had as many as five boarders ; that she paid the rent monthly and bought…
1Opinion of the CourtDeveks, J.
Under the St. of 1862, c. 198, substantially embodied in the Pub. Sts. c. 147, § 11, requiring a married woman, doing business on her separate account, to file a certificate, etc., in order to prevent “ the property employed in such business ” from being subject to attachment as the property of the husband, it is clear that all uses of her own property by the wife do not expose it to this danger. Where the act done by the wife is in the nature of an investment of property, even if it be made with a view to profit therefrom, it cannot be considered doing business within the meaning of the…
2Cases cited4 opinions
- Snow v. SheldonMassachusetts Supreme Judicial Court · 1879
- Wheeler v. RaymondMassachusetts Supreme Judicial Court · 1881
- Proper v. CobbMassachusetts Supreme Judicial Court · 1870
- Dawes v. RodierMassachusetts Supreme Judicial Court · 1878
3Cited by1 opinion
- Desmond v. YoungMassachusetts Supreme Judicial Court · 1899