Savage v. O'Neil
New York Supreme Court
THIS was an action of trespass, brought against the defendant for taking a quantity of goods from a store in the city of Rochester. The plaintiff is the wife of Maurice A. Savage. The defendant justified the taking as a constable, by virtue of executions and judgments against the husband. The proof showed that for two years prior to January 2d, 1862, Maurice A. Savage was the owner of the store of goods, and conducted the business.
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THIS was an action of trespass, brought against the defendant for taking a quantity of goods from a store in the city of Rochester. The plaintiff is the wife of Maurice A. Savage. The defendant justified the taking as a constable, by virtue of executions and judgments against the husband. The proof showed that for two years prior to January 2d, 1862, Maurice A. Savage was the owner of the store of goods, and conducted the business. The wife testified that on that day her husband executed a bill of sale to her of the goods, for a debt of $1220, owing to her for "money lent him. She got the…
1Opinion of the Court
By the Court,
B. Daewin Smith, J.
Whatever may have been the rights of the plaintiff in respect to the money which she testifies she received from her mother, I think the questions presented for our decision in these exceptions do not necessarily involve a decision of that question. The plaintiff was a married woman, and was married in the year 1847, and before the passage of the acts in this state enlarging the rights of married women in respect to the holding of separate property, (a) The-plaintiff testified that she was married sixteen years before the trial, which was in October, 1863, and…
2Cases cited1 opinion
- Ryder v. . HulseNew York Court of Appeals · 1862
3Cited by6 opinions
- Barnett v. HarshbargerIndiana Supreme Court · 1886
- Heacock v. HeacockSupreme Court of Iowa · 1899
- Bradley v. Mutual Benefit Life InsuranceNew York Supreme Court · 1870
- Coakley v. ChamberlainThe Superior Court of New York City · 1869
- Benedict v. DriggsNew York Supreme Court · 1884
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