Solomon v. Waas
New York Court of Common Pleas
Appeal from an order at special term vacating an order of arrest. The plaintiff is the general assignee, for the benefit of creditors, of Marianna and Elizabeth De Young, and brought this action to recover for goods alleged to have been entrusted by the De Youngs to the defendant Maria Waas, as their agent, to be sold upon commission. The plaintiff obtained an order for the arrest of the defendant Abraham Waas.
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Appeal from an order at special term vacating an order of arrest. The plaintiff is the general assignee, for the benefit of creditors, of Marianna and Elizabeth De Young, and brought this action to recover for goods alleged to have been entrusted by the De Youngs to the defendant Maria Waas, as their agent, to be sold upon commission. The plaintiff obtained an order for the arrest of the defendant Abraham Waas. This order was based chiefly upon the affidavit of Marianna DeYoung, in which she alleged that she and Elizabeth DeYoung delivered to Maria Waas, as agent of the De Youngs, certain…
1Opinion of the Court
By the court, Daly, First Judge.
A man is answerable to a third person, at the common law, for acts or injuries done by his *181wife, if they afford ground for a civil action. Heard v. Briscoe, 5 Car. & P. 484. The wife, during the existence of coverture, cannot be arrested upon mesne process. To use the language of Blackstone, by marriage the husband and wife became one person in law, that is, the very being, or legal existence of the woman, is suspended during the marriage; incorporated or consolidated into that of the husband. 1 Bl. Com. 442. Such being the legal effect of the relation, the…
2Cases cited1 opinion
- Roach v. QuickNew York Supreme Court · 1832
3Cited by7 opinions
- Schaus v. PutscherThe Superior Court of New York City · 1863
- Warner v. BatesWisconsin Supreme Court · 1889
- Duncan v. Katen ex rel. ShawNew York Supreme Court · 1875
- Gillies v. LentNew York Court of Common Pleas · 1865
- Muser v. MillerThe Superior Court of New York City · 1883
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