Butler v. Breck
Massachusetts Supreme Judicial Court
The first of these actions was trover, brought by the assignee, under St. 1838, e. 163, of Charles H. Bodge, an insolvent debtor, to recover the value of nine beds, &c. Writ dated February 8th 1842. Trial in the court of common pleas, before Allen, J. who signed the following bill of exceptions : The assignment of said Bodge’s estate to the plaintiff was proved by the deed of a master in chancery, duly executed.
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The first of these actions was trover, brought by the assignee, under St. 1838, e. 163, of Charles H. Bodge, an insolvent debtor, to recover the value of nine beds, &c. Writ dated February 8th 1842. Trial in the court of common pleas, before Allen, J. who signed the following bill of exceptions : The assignment of said Bodge’s estate to the plaintiff was proved by the deed of a master in chancery, duly executed. It appeared in evidence, that said Bodge was twenty years old on the 3d of February 1842; that he was married on the 15th of January 1842, to his present wife, who had been, for…
1Opinion of the CourtDewey, J.
1. There was a sufficient consideration for tnc. transfer of the goods and the drawing of the orders by Bodge, inasmuch as he, by his marriage, became liable to pay his wife’s debts contracted before her marriage. Nor does the fact that Bodge was an infant at the time of his marriage, and when these actions were commenced, vary the nature of his liability in this respect. This liability of a husband for his wife’s debts is incidental to the marriage, which of itself vests in him all her personal chattels, and the right to reduce to possession all her choses in action, and therefore properly…
2Cases cited1 opinion
- Roach v. QuickNew York Supreme Court · 1832