Muser v. Lewis
The Superior Court of New York City
The plaintiffs, who together constituted the firm of Muser Brothers, brought this action against Fanny Lewis, Joseph Lewis her husband, and others, to recover the value of certain goods alleged to have been stolen from plaintiffs and received and converted by the defendants. The answer admitted that Joseph and Fanny Lewis were husband and wife, and denied generally the other allegations of the complaint.
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The plaintiffs, who together constituted the firm of Muser Brothers, brought this action against Fanny Lewis, Joseph Lewis her husband, and others, to recover the value of certain goods alleged to have been stolen from plaintiffs and received and converted by the defendants. The answer admitted that Joseph and Fanny Lewis were husband and wife, and denied generally the other allegations of the complaint. It was proven on the trial that the defendant Fanny Lewis was in the employ of certain other of the defendants in their store in the city of New York, her husband being employed elsewhere and…
1Opinion of the Court
Sedgwick, Ch. J.
The action was substantially for the conversion of plaintiffs’ personal property. One of the defendants was the appellant’s wife. The proof showed that she was guilty of the actual conversion, and her husband, the appellant did not participate in it. The claim against him was grounded on the proposition that he was liable in damages for his wife’s tort.
The testimony showed that a clerk of the plaintiffs stole from them, through a long time, a great quantity of laces, and from time to time sold them in parcels to the appellant’s wife. The verdict was not taken as to whether she…
2Cases cited6 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Coleman v. . BurrNew York Court of Appeals · 1883
- Knapp v. . RocheNew York Court of Appeals · 1884
- Rowe v. . SmithNew York Court of Appeals · 1871
- Baum v. . MullenNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888