Mead v. Jack
New York Court of Common Pleas
Appeal from a judgment of a district court in the city of New York. The plaintiff was a married woman, living with her husband in the city of New York. From her own savings she bought certain furniture, which she pláced in the rooms occupied by herself, and her husband, in which the husband had also some furniture.
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Appeal from a judgment of a district court in the city of New York. The plaintiff was a married woman, living with her husband in the city of New York. From her own savings she bought certain furniture, which she pláced in the rooms occupied by herself, and her husband, in which the husband had also some furniture. In December, 1881, while the plaintiff was absent, the defendants, who are public truckmen, were employed by the husband to remove all the furniture in the rooms occupied by himself and his wife, and they accordingly came with a truck and took all the furniture, including that…
1Opinion of the CourtVatt Brunt, J.
[After stating the facts as above.]— The question presented upon this appeal is one which involves considerations of considerable nicety, and as to which as far as I have been able to learn there have been but few decisions. Upon the argument of the appeal no authorities were cited by counsel, nor was our attention called to any elementary principle which seemed, to be entirely applicable.
The case of Fitch v. Rathbun (61 N. Y. 579) settles the question, if ' any authority were needed, that a married woman by mingling her own household furniture with that of her husband in the house in which…
2Cases cited4 opinions
- Thorp v. BurlingNew York Supreme Court · 1814
- Church v. LandersNew York Supreme Court · 1833
- Fitch v. . RathbunNew York Court of Appeals · 1875
- Dudley v. HawleyNew York Supreme Court · 1863