Stevens v. Cunningham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Catharine Stevens, from ■ a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 13th day of November, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Saratoga Trial Term.-
1Opinion of the CourtSmith, J.
This action was- brought to recover for the value of services rendered by the.plain tiff to the defendant’s intestate. At the time of the rendition of the services the plaintiff was a married woman living with her husband. The complaint was by the trial judge dismissed upon the ground that the claim belonged to the husband. This raises the only question here for review. By section 2 of chapter 90 of the Laws of 1860 a married woman was given the right to “ perform any labor or services on her sole and separate account, and the earnings .of any married woman, from her trade, business,, labor…
2Cases cited2 opinions
- Birkbeck v. . AckroydNew York Court of Appeals · 1878
- Stokes v. PeaseNew York Supreme Court · 1894
3Cited by1 opinion
- Lucas v. CallahanAppellate Division of the Supreme Court of the State of New York · 1902