Russell v. Brooks
Massachusetts Supreme Judicial Court
The first action was assumpsit for money had and received to recover the amount of money which had come into the bands of the defendant as administrator of Eleanor Swan. The plaintiff claimed it as administrator of Joshua Swan, the husband of Eleanor. At the trial, before Morton J., it appeared, that after their marriage, Joshua and his wife lived together in Lexington until the year 1815, when Joshua removed to Boston.
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The first action was assumpsit for money had and received to recover the amount of money which had come into the bands of the defendant as administrator of Eleanor Swan. The plaintiff claimed it as administrator of Joshua Swan, the husband of Eleanor. At the trial, before Morton J., it appeared, that after their marriage, Joshua and his wife lived together in Lexington until the year 1815, when Joshua removed to Boston. He resided in Boston until some time in the year 1818, when he went to the State of Georgia. He returned to Boston in 1819, and after a short stay, went to Alabama, where he…
1Opinion of the Court
The Court held in the action of assumpsit, that the husband was entitled to the earnings of the wife before his death.
In the action of trover, they said the property of the chattels was in the husband at the time of his death, and the defendant having refused to deliver them to the plaintiff on demand, converted them to his own use.1
Judgment on the verdicts.
Where a husband, immediately after the marriage, deserted his wife and married another woman, and never returned to his wife or contributed in any manner to her support, it was held that personal property, acquired by her during such…
2Cases cited1 opinion
- Cauffman v. CauffmanSupreme Court of Pennsylvania · 1827