Cornwall v. Hoyt
Supreme Court of Connecticut
This was an action on a note or writing in the following terms : “ I, Moses Hoyt, of New-Fairfield, promise to pay to Mary Cornwall, of New-Fairfield aforesaid, the sum of forty shillings, lawfully money of this state, annually, during the term of her natural life, payable in any sort of produce of this state, or merchants’ goods, at the common market price, to be delivered to her, or her order, at the place where said Hoyt now dwells in New-Fairfield; it being for the use…
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This was an action on a note or writing in the following terms : “ I, Moses Hoyt, of New-Fairfield, promise to pay to Mary Cornwall, of New-Fairfield aforesaid, the sum of forty shillings, lawfully money of this state, annually, during the term of her natural life, payable in any sort of produce of this state, or merchants’ goods, at the common market price, to be delivered to her, or her order, at the place where said Hoyt now dwells in New-Fairfield; it being for the use or rent of a certain piece of land, leasjed to the said Moses Hoyt, by said Mary Cornwall; and if said land shall be…
1Opinion of the CourtPeters, J.
I. It has long been a moot point, whether a note or bond given to a wife, was suable in the name of the husband, or whether she may join in the action. If the property be his, she cannot join: if it be hers, she must join. By the common law, the chattels personal of the wife, are vested in the husband absolutely, but choses in action conditionally, — i. e. they are his, if he reduce them to possession during the cover-ture ; otherwise, they revert to her, or her representatives. There are a multitude of cases wherein the same rule has been applied to choses in action given to the wife during…
2Cases cited4 opinions
- McIlvaine v. Coxe's LesseeSupreme Court of the United States · 1808
- Gregory v. PaulMassachusetts Supreme Judicial Court · 1818
- Griswold v. PennimanSupreme Court of Connecticut · 1818
- Fitch v. AyerSupreme Court of Connecticut · 1817
3Cited by6 opinions
- Sims v. RicketsIndiana Supreme Court · 1871
- Buford v. AdairWest Virginia Supreme Court · 1897
- Mitchell v. HughesColorado Court of Appeals · 1893
- Phelps v. WaltherSupreme Court of Missouri · 1883
- In re LyonsDistrict Court, D. California · 1874
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