Northern Railway Co. of France v. Carpentier
New York Supreme Court
Motion to discharge a female defendant from arrest. This action was brought by The Northern Railway Company of France, against Charles Carpentier, Louis and Eugene Grélet, Felicité Dubud, Auguste Parot and one Guerin. An order of arrest was granted against the defendants, on an affidavit which set forth the following facts.
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Motion to discharge a female defendant from arrest. This action was brought by The Northern Railway Company of France, against Charles Carpentier, Louis and Eugene Grélet, Felicité Dubud, Auguste Parot and one Guerin. An order of arrest was granted against the defendants, on an affidavit which set forth the following facts. Carpentier and Louis Grélet were formerly in the employ of the plaintiffs, in fiduciary capacities ; the first being cashier,, and the second under-cashier. They had a large amount of valuable property belonging to the company, entrusted to their care. In August, 1856,…
1Opinion of the CourtDavies, J.
Section 179 of the Code declares that “ no-female shall be arrested in any action, except for a wilful injury to person, character or property.”
It follows that where a female has committed a wilful injury to property she may be arrested.
*261It was contended in the argument that the shares and coupons mentioned in the complaint were not property, and therefore the arrest could not be sustained.
I think the averments in the complaint are sufficient to sustain the position that these shares and coupons were property, and the property of the plaintiffs, and that the same were converted with the intent…
2Cited by3 opinions
- Kavanaugh v. . McIntyreNew York Court of Appeals · 1914
- Gatewood v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- Duncan v. Katen ex rel. ShawNew York Supreme Court · 1875