Harriman v. Gray
Massachusetts Supreme Judicial Court
Replevin from a deputy of the sheriff of Bristol of goods attached by him as property of the plaintiff’s husband, Darius G. Harriman, in an action brought against him by Rosalie Lacroix.
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Replevin from a deputy of the sheriff of Bristol of goods attached by him as property of the plaintiff’s husband, Darius G. Harriman, in an action brought against him by Rosalie Lacroix. Replevin writ dated September 26, 18170. At the trial in the superior court, before Reed, J., the plaintiff, for her right to claim the goods against her husband’s creditors, relied upon a certificate filed by her under the St. of 1862, e. 198, in the clerk’s office of the city of Fall River, dated January 8, 1869, in which she set forth that she proposed “ to carry on the business of wholesale and retail…
1Opinion of the CourtColt, J.
The statutes authorize a married woman to employ her separate property in business on her own account. But in order to hold the property so employed against the creditors of her husband, she must first file in the town clerk’s office a certificate setting forth, among other things, the place where the business is to be done, giving the street and number if practicable; and a new certificate in case of any change in the place or nature of the business; St. 1862, o. 198.
The statute is intended to prevent the husband from obtaining false credit by the possession of the wife’s property and its…
2Cases cited2 opinions
- Boynton v. WarrenMassachusetts Supreme Judicial Court · 1868
- Cahill v. CampbellMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Long v. DrewMassachusetts Supreme Judicial Court · 1873
- Remmer v. GouldMassachusetts District Court, Appellate Division · 1940
- Woodward v. LishmanSupreme Court of New Jersey · 1911