Stevens v. . Cunningham
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 16, 1902, affirming a judgment in favor of the defendant entered upon a dismissal of the complaint by the court at a Trial Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 16, 1902, affirming a judgment in favor of the defendant entered upon a dismissal of the complaint by the court at a Trial Term. This action involves the construction of the following statutes relating to the rights of married women : Laws of 1860 (Ch. 90, § 2) provides : “ A married woman may bargain, sell, assign and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account, and the…
1Opinion of the CourtBabtlett, J.
At the close of plaintiff’s case the defendant’s motion to dismiss the complaint was granted, on the-ground that the plaintiff being a married woman seeks to-recover for services to which her husband was entitled, and that any attempted transfer of the cause of action to her by him was without consideration.
For the purposes of this appeal the plaintiff is entitled to-the most favorable view -of the • evidence, and it is, briefly stated, as follows: The plaintiff, a married woman, living with her husband and several children, resided in Saratoga Springs, and occupied, for the greater portion…
2Cases cited6 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Coleman v. . BurrNew York Court of Appeals · 1883
- Brooks v. . SchwerinNew York Court of Appeals · 1873
- Blaechinska v. Howard Mission & Home for Little WanderersNew York Court of Appeals · 1892
- Birkbeck v. . AckroydNew York Court of Appeals · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re BlakeNew York Surrogate's Court · 1929
- Holmes v. VigueSupreme Judicial Court of Maine · 1934
- Johnson v. TaitNew York Supreme Court · 1916
- Macfadden v. MacfaddenNew York Supreme Court · 1938
- Smith v. BurhyteAppellate Division of the Supreme Court of the State of New York · 1921
8 more not listed; retrieve them via the Exa API.