Handy v. Foley
Massachusetts Supreme Judicial Court
Tobt. The declaration alleged that the defendants did forcibly enter the plaintiff’s close, and wrongfully and forcibly remove, take and carry away, and remove, cut, break up and destroy the plaintiff’s gate, to the injury and damage of the said plaintiff as laid in his writ; and “ that the acts set forth and relied upon were committed by the said Ellen Foley alone, not in the presence of said Dennis Foley, but under his direction, and as his servant and agent, and as his…
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Tobt. The declaration alleged that the defendants did forcibly enter the plaintiff’s close, and wrongfully and forcibly remove, take and carry away, and remove, cut, break up and destroy the plaintiff’s gate, to the injury and damage of the said plaintiff as laid in his writ; and “ that the acts set forth and relied upon were committed by the said Ellen Foley alone, not in the presence of said Dennis Foley, but under his direction, and as his servant and agent, and as his acts as well as her own.” At the trial in the Superior Court, before Allen, J., the defendants contended that an action…
1Opinion of the CourtGray, C. J.
The instructions were correct. A husband and wife may be jointly sued and charged for a tort done bi both of *261them, if she does not act by his coercion. Hyde v. S-, 12 Mod. 246;S. C. Holt, 101. Vine v. Saunders, 5 Scott, 359; S. C. 4 Bing. N. C. 96. Marshall v. Oakes, 51 Maine, 308. In Tobey v. Smith, 15 Gray, 535, a declaration in tort in the nature of trover against husband and wife was held bad, merely because it alleged the conversion to have been “ to their own use,” whereas in legal contemplation it could not be to the use of the wife; and it was distinctly stated in the opinion, that,…
2Cases cited3 opinions
- City of Louisville v. ZanoneCourt of Appeals of Kentucky · 1858
- Heckle v. LurveyMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. MunseyMassachusetts Supreme Judicial Court · 1873
3Cited by8 opinions
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Mahoney v. RobertsSupreme Court of Arkansas · 1908
- Culmer v. WilsonUtah Supreme Court · 1896
- Radke v. SchlundtIndiana Court of Appeals · 1902
- Shane v. LyonsMassachusetts Supreme Judicial Court · 1898
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