Gustin v. Carpenter
Supreme Court of Vermont
Case for slander. The defendant was attached “ to answer,” in the words of the writ, “ to Nancy Gustin, of” &c., “ a married woman, and whose husband, whose name is Walter Gustin, is an insane person, and is now confined in an asylum in Concord, in the State of New Hampshire, and who lives apart from her said husband, and who sues by Truman Quiraby, her father and next friend,” &c.
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Case for slander. The defendant was attached “ to answer,” in the words of the writ, “ to Nancy Gustin, of” &c., “ a married woman, and whose husband, whose name is Walter Gustin, is an insane person, and is now confined in an asylum in Concord, in the State of New Hampshire, and who lives apart from her said husband, and who sues by Truman Quiraby, her father and next friend,” &c. The language of the first count was, “ for that whereas the plaintiff is, and for a number of years has been, a married woman ;” and all of the counts, after setting out the supposed slanderous words, proceeded, “…
1Opinion of the Court
The opinion of the court was delivered, by
Barrett, J.
The suit is brought for a personal tort to the wife — for a cause of action that would survive to her. The husband could not sue and recover for it without joining the wife as co-plaintiff; nor would he be permitted to discharge it in fraud of the wife. When abandoned by the husband, the wife has been sustained by the court in bringing a suit for such a cause as this, joining the husband as co-plaintiff, and in prosecuting it to judgment and execution, in spite of the husband’s refusal, and of his efforts to thwart her by ordering non suit,…
2Cases cited1 opinion
- Royce v. VandeusenSupreme Court of Vermont · 1876
3Cited by1 opinion
- Underhill v. Rutland RailroadSupreme Court of Vermont · 1916