Perkins v. Perkins
New York Supreme Court
THE defendant, who is wife of the plaintiff, was sued in a justice’s court for services rendered by the husband whilst they were living together as husband and wife. The parties had been living separate for a time, each working out on hire. By mutual agreement they commenced living together again, about the 1st of March, 1869, under circumstances stated in the opinion.
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THE defendant, who is wife of the plaintiff, was sued in a justice’s court for services rendered by the husband whilst they were living together as husband and wife. The parties had been living separate for a time, each working out on hire. By mutual agreement they commenced living together again, about the 1st of March, 1869, under circumstances stated in the opinion. The plaintiff recovered a verdict of $70. The judgment was appealed from to the county court of Columbia county, upon questions of law only. The judgment/was affirmed in the county court, and from the judgmentbf affirmance an…
1Opinion of the CourtP. Potter, J.
This is an action at law, brought by a husband against his wife, to recover, in an action of assumpsit, for services claimed to have been performed for the wife.
At common law the husband and wife by marriage became one person. The very being or legal existence of the woman was, by the common law, suspended during the marriage, or at least is incorporated and consolidated into that of the husband, under whose wing and protection she performs every act. (1 Black. Com. 442. Littleton, §§ 168,291. Bright on Husband and Wife, 2.) It was in consequence of this unity of person between them that…
2Cases cited4 opinions
- White v. . WagerNew York Court of Appeals · 1862
- Longendyke v. LongendykeNew York Supreme Court · 1863
- Graham v. Van WyckNew York Supreme Court · 1852
- Gould v. GouldNew York Court of Common Pleas · 1865
3Cited by20 opinions
- State v. GerhardtIndiana Supreme Court · 1896
- City of St. Joseph v. PorterMissouri Court of Appeals · 1888
- Mackey v. WebbNew York Supreme Court · 1889
- Romer v. KochNew York Supreme Court · 1888
- Webber v. SpannhakeNew York Surrogate's Court · 1876
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