Kimball v. Kimball
Supreme Court of New Hampshire
Assumpsit, by a wife, to recover from ber husband $8,000 received by him for a farm and $900 interest on that sum, and for rents and profits of her real estate. Trial by jury and verdict for the plaintiff for $3,250. Transferred from the May term, 1908, of the superior court by Stone, J. The farm was once the property of the husband, and was deeded by him to his wife before their lawful marriage, but while they supposed they were husband and wife.
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Assumpsit, by a wife, to recover from ber husband $8,000 received by him for a farm and $900 interest on that sum, and for rents and profits of her real estate. Trial by jury and verdict for the plaintiff for $3,250. Transferred from the May term, 1908, of the superior court by Stone, J. The farm was once the property of the husband, and was deeded by him to his wife before their lawful marriage, but while they supposed they were husband and wife. After the impediment was removed they were lawfully married. Her evidence tended to prove that she thereafter deeded the farm, upon his promise to…
1Opinion of the CourtPeaslee, J.
As between the lex loci and the lex fori, the former governs both in torts and contracts, in respect to the legal effect and incidents of the acts. Whatever would be a defence to this action if brought in the state where the transactions took place is a defence here. Beacham v. Portsmouth Bridge, 68 N. H. 382; MacDonald v. Railway, 71 N. H. 448, 450.
When the law of a sister state becomes material, it is to be proved like any other fact. It cannot be assumed, or found without proof. Taylor v. Barron, 30 N. H. 78, 100, 102; Emery v. Berry, 28 N. H. 473, 486. The question is determinable in the…
2Cases cited4 opinions
- Hendricks v. . IsaacsNew York Court of Appeals · 1889
- Frankel v. FrankelMassachusetts Supreme Judicial Court · 1899
- Barron v. BarronSupreme Court of Vermont · 1852
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
3Cited by5 opinions
- Travelers Insurance Co. v. GeboSupreme Court of Vermont · 1934
- People's Trust Co. v. MerrillSupreme Court of New Hampshire · 1918
- Marshall v. Boston & Maine RailroadSupreme Court of New Hampshire · 1924
- Peoples Trust Co. v. MerrillSupreme Court of New Hampshire · 1917
- Travelers Insurance v. GeboSupreme Court of Vermont · 1934