Longendyke v. Longendyke
New York Supreme Court
THIS was an action for an assault and battery brought by the above named respondent, as plaintiff, against the appellant, as defendant. The battery in the complaint is alleged to have taken place on the third day of December, I860,- at the town of Saugerties, Ulster county. The answer was a general denial, and it is also alleged that the plaintiff was the wife of the defendant, and that at the time of the occurence the parties were living together as husband and wife.
Read the full summary
THIS was an action for an assault and battery brought by the above named respondent, as plaintiff, against the appellant, as defendant. The battery in the complaint is alleged to have taken place on the third day of December, I860,- at the town of Saugerties, Ulster county. The answer was a general denial, and it is also alleged that the plaintiff was the wife of the defendant, and that at the time of the occurence the parties were living together as husband and wife. That the plaintiff at the time mentioned in the complaint was conducting herself in a very rude and indecent manner, and…
1Opinion of the Court
By the Court, Hogeboom, J.
It is conceded by counsel that by the rules of the common law husband and wife could not sue each other in a civil action. The only question therefore is whether by statute that right has been conferred. It is claimed that this has been done by laws passed in 1860 and 1862. The law of 1860, (Laws of 1860, ch. 90, § 7,) *368was passed, it is obvious, mainly if not exclusively to enlarge and establish the rights of property in married women which had been conferred by the previous acts of 1848 and 1849. In furtherance of that object, section 7 declares that married women…
2Cases cited6 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Coon v. BrookNew York Supreme Court · 1856
- Pillow v. BushnellNew York Supreme Court · 1849
- City Bank v. BangsNew York Court of Chancery · 1831
- People v. CarpenterNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Courtney v. CourtneySupreme Court of Oklahoma · 1938
- Peters v. PetersCalifornia Supreme Court · 1909
- Nickerson v. NickersonTexas Supreme Court · 1886
- Henneger v. LomasIndiana Supreme Court · 1896
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
24 more not listed; retrieve them via the Exa API.