Edgerton v. . Thomas
New York Court of Appeals
Action for the wrongful taking and conversion of two oxen, twenty tons of hay, a quantity of. oats, barlev, &c., the property of Edgerton. The property was taken by the defendant as sheriff, of Delaware county, on the farm occupied by Charles L. Strong and wife, and' by virtue of an execution against Strong, who, the defendant insisted, was the owner of the property taken.
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Action for the wrongful taking and conversion of two oxen, twenty tons of hay, a quantity of. oats, barlev, &c., the property of Edgerton. The property was taken by the defendant as sheriff, of Delaware county, on the farm occupied by Charles L. Strong and wife, and' by virtue of an execution against Strong, who, the defendant insisted, was the owner of the property taken. The farm had been ■ conveyed by the relatives of Mrs. Strong to trustees for- her use, the rents and profits to be received by her free from the control of her husband. Mrs. Strong and her -husband had resided on the farm…
1Opinion of the CourtWillard, J.
As between the plaintiff in this cause and Charles L. Strong, the bill of sale and mortgage were a valid and effectual transfer of the property from the latter to the former. Strong stood by and saw his wife execute those instruments with a view to secure the plaintiff for his cash advances to her, and assented to it. She then became his agent for that purpose, and he is as much bound as if he had executed them himself. In Hopkins v. Mollineux (4 Wend, 465), it was held that the wife may act as the agent of her husband, and a subsequent acknowledgment or ratification of- her acts by the…
2Cases cited5 opinions
- Ford v. MonroeNew York Supreme Court · 1838
- Church v. LandersNew York Supreme Court · 1833
- Miller v. DelamaterNew York Supreme Court · 1834
- Staring v. BowenNew York Supreme Court · 1849
- Riley v. SuydamNew York Supreme Court · 1848
3Cited by3 opinions
- Roraback v. StebbinsNew York Court of Appeals · 1866
- Edgerton v. ThomasNew York Court of Appeals · 1853
- Lippitt v. GilmartinAppellate Division of the Supreme Court of the State of New York · 1899