Legal Opinion

Porter v. Bank of Rutland

Supreme Court of Vermont

Decided March 15, 1847PublishedCited by 39 opinions

Appeal from the court of chancery. The bill set forth, that on the 26th day of May, 1824, Mark Richards, the father of the oratrix, Fanny Porter, made a donation of $1000,00 to the said Fanny and her three children, and delivered the same to the defendant Samuel W. Porter, then and still the husband of said Fanny, with a writing directing him to hold the same in trust for the said Fanny and her heirs; that the said sum remained in the hands of Samuel W. Pop» ter until…

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Appeal from the court of chancery. The bill set forth, that on the 26th day of May, 1824, Mark Richards, the father of the oratrix, Fanny Porter, made a donation of $1000,00 to the said Fanny and her three children, and delivered the same to the defendant Samuel W. Porter, then and still the husband of said Fanny, with a writing directing him to hold the same in trust for the said Fanny and her heirs; that the said sum remained in the hands of Samuel W. Pop» ter until January, 1825, when, by the advice and concurrence of said Fanny and said Richards, he.invested $700,00 of the money in the…

1Opinion of the CourtDavis, J.

This case involves questions of no little importance. At law, as a general rule, a married woman can neither sue nor be sued, unless in connection with her husband. Exceptions, arising chiefly from the impracticability of associating the husband in certain cases, exist in this as in most general rules. As applicable to husband and wife having adverse interests, there is no exception, unless, indeed, the proceeding seeking a dissolution of the marriage and a consequent arrangement and distribution of the property belonging to them, or one of them, be deemed such. Although she may have, before…

2Cases cited4 opinions

  1. Pinney v. FellowsSupreme Court of Vermont · 1843
  2. Chamberlain v. ThompsonSupreme Court of Connecticut · 1834
  3. Anderson v. Van AlenNew York Supreme Court · 1815
  4. Blaisdell v. StevensSupreme Court of Vermont · 1844

3Cited by39 opinions

  1. Holden v. . New York and Erie BankNew York Court of Appeals · 1878
  2. Richard v. RichardSupreme Court of Vermont · 1973
  3. London & Lancashire Indemnity Co. of America v. Fairbanks Steam Shovel Co.Ohio Supreme Court · 1925
  4. Barron v. BarronSupreme Court of Vermont · 1852
  5. Howard v. Windham County Savings BankSupreme Court of Vermont · 1868

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