Birkbeck v. . Ackroyd
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Memorandum of decision below, 11 Hun, 365.) This was an action to recover for work and labor.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Memorandum of decision below, 11 Hun, 365.) This was an action to recover for work and labor. Plaintiff claimed and recovered judgment for his own services as superintendent of defendant’s woolen mill, for the work and labor of his wife and of several minor children; and also, as assignee of two adult sons, for their own work and labor and that of their wives. Plaintiff was not entitled to maintain this action for…
1Opinion of the CourtAndrews, J.
By the act chap. 90 of the Laws of 1860, concerning “the rights and liabilities of married women,” the common law doctrine that the husband is entitled to the services and earnings of his wife, was essentially modified.
The acts of 1848 and 1849 divested the title of the husband, jure mariti, during coverture, to the real and personal property of the wife, and enabled her to take from any person other than her husband and hold to her sole and separate use any property or estate and the rents, issues and profits thereof, in the same manner as if she were unmarried. Under these statutes it was…
2Cited by27 opinions
- In Re the Judicial Settlement of the Accounts of CallisterNew York Court of Appeals · 1897
- Blaechinska v. Howard Mission & Home for Little WanderersNew York Court of Appeals · 1892
- GarlandSupreme Judicial Court of Maine · 1927
- Plummer v. TrostSupreme Court of Missouri · 1884
- Stevens v. . CunninghamNew York Court of Appeals · 1905
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