Roraback v. Stebbins
New York Court of Appeals
Henry Boraback sued Almas Stebbins, in the supreme court, to recover the value of a barouche sleigh, of which the plaintiff claimed to be the owner, taken and converted by the defendant. The material facts appearing on the trial were as follows: One E. D. Cornwell and Harriet Cornwell (wife of one James Corn-well), were partners in the livery business at Homer, in- the county of Cortland, and, as such, were the owners of certain real and personal property.
Read the full summary
Henry Boraback sued Almas Stebbins, in the supreme court, to recover the value of a barouche sleigh, of which the plaintiff claimed to be the owner, taken and converted by the defendant. The material facts appearing on the trial were as follows: One E. D. Cornwell and Harriet Cornwell (wife of one James Corn-well), were partners in the livery business at Homer, in- the county of Cortland, and, as such, were the owners of certain real and personal property. Harriet Cornwell claimed -to be the owner of the sleigh in controversy, and both plaintiff and defendant substantially claim title thereto…
1Opinion of the Court
By the Court.
Davies, Ch. J.
[After stating the facts.—
1. As to plaintiff’s title to the sleigh. There is no controversy that Harriet Cornwell was indebted to Richard Cornwell, in the amount for which she confessed judgment. It was competent for her to secure payment of such indebtedness out of any property owned by her. She could mortgage, assign or convey any such property for such purpose, and divest her title thereto, and vest the ownership thereof in her grantee, or any one claiming under him.
This court held, in Watkins v. Abrahams, 24 N. Y. 72,* *104that a married woman, could not confess a…
2Cases cited4 opinions
- Miller v. . EarleNew York Court of Appeals · 1861
- Watkins v. . AbrahamsNew York Court of Appeals · 1861
- Edgerton v. . ThomasNew York Court of Appeals · 1853
- Wotkyns v. AbrahamsNew York Supreme Court · 1855
3Cited by3 opinions
- Wise v. L. & C. Wise Co.New York Court of Appeals · 1897
- In re LacailleNew York Supreme Court · 1964
- Wise v. L. & C. Wise Co.Appellate Division of the Supreme Court of the State of New York · 1896