D. & N. Ferguson v. Lothrop
New York Supreme Court
This was an action of covenant on a lease executed by Daniel Ferguson and Nancy Ferguson to Albert W. Lothrop, bearing date 21st May, 1832, demising certain premises until 1st April, 1833, reserving a rent of $250, of which $50 was to be paid in repairs, and the residue in cash in four instalments, on the first days of September, December, March and April succeeding the date of the lease.
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This was an action of covenant on a lease executed by Daniel Ferguson and Nancy Ferguson to Albert W. Lothrop, bearing date 21st May, 1832, demising certain premises until 1st April, 1833, reserving a rent of $250, of which $50 was to be paid in repairs, and the residue in cash in four instalments, on the first days of September, December, March and April succeeding the date of the lease. The lease contained an agreement that the lessee should have the election of extending the term four years from the 1st April, 1833, at an annual rent of $400, in quarterly instalments. The lessee entered…
1Per curiam
The allowance of rent up to July, 1833, was undoubtedly proper, according to the evidence before the referees. The only question in the case is, whether the set-off against the husband was properly excluded ; and this involves to some extent the doctrine of the marital rights of the husband.
By mariage the husband becomes possessed of his wife’s personal property absolutely, and on his death, they go to his personal representatives. He may collect her choses in action, and they then become his own ; the chattels real of the wife also become the property of the husband ; and if the wife be…
2Cited by2 opinions
- Whiting v. BeckwithSupreme Court of Connecticut · 1863
- Wingate v. ParsonsCourt of Chancery of Delaware · 1871