Whedon v. Champlin
New York Supreme Court
APPEAL from a judgment of nonsuit ordered at the circuit. The action was trespass, brought against George H. Champlin for the taking and conversion of the canal boat “Roman.”
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APPEAL from a judgment of nonsuit ordered at the circuit. The action was trespass, brought against George H. Champlin for the taking and conversion of the canal boat “Roman.” After the' trial Champlin died, and the suit is continued against his executors, The plaintiff claimed to own the boat by purchase from his mother, Azuba Whedon, in December, 1861. The defendants claim title through a sale on execution to W. S. Parkhurst, upon a judgment in favor of the Jefferson County Bank, against Alva Whedon, the husband of Azuba Whedon, December 3, 1861. The plaintiffs first levied upon the boat' in…
1Opinion of the Court
By the Court, Morgan, J.
The case shows that Mrs. Azuba Whedon, the wife of Alva Whedon, the judgment debtor, had separate property which she received after her marriage, to the amount of $1000, from her father’s estate, in 1853, and that she expended a portion of it for the' support of her family and the purchase of furniture; that she loaned $200 to her husband’s brother, which was afterwards invested by her in a house and lot in. Rome; that her husband had a contract for the house and lot, in his own name, of the value of about $400, in 1854; that she then made an" arrangement with her…
2Cases cited1 opinion
- People Ex Rel. Higgins v. McAdamNew York Court of Appeals · 1881
3Cited by3 opinions
- Lake v. BenderNevada Supreme Court · 1884
- Zimmerman v. ErhardNew York Court of Common Pleas · 1879
- Nash v. MitchellNew York Court of Appeals · 1877