Shaw v. Hallihan
Supreme Court of Vermont
Case, with counts in trover. The plaintiff introduced evidence tending to show, that the intestate went to the defendants’ house to board some time in May, 18682 and carried with him a bedstead, bed and bedding, and some other articles of small value ; that he was taken sick early in July, and finally died there on the 15th of August following; that during his sickness, the defendant Mrs. Hallihan took care of him, and had the principal charge of his business, had the…
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Case, with counts in trover. The plaintiff introduced evidence tending to show, that the intestate went to the defendants’ house to board some time in May, 18682 and carried with him a bedstead, bed and bedding, and some other articles of small value ; that he was taken sick early in July, and finally died there on the 15th of August following; that during his sickness, the defendant Mrs. Hallihan took care of him, and had the principal charge of his business, had the custody of and access to his pocket-book, frequently took money therefrom, at the request of the intestate, to pay to those he…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The husband is liable with the wife for her torts, but she is not liable for his torts, unless they are her torts also. This action being against both husband and wife, for tort, can only be maintained for some tort of the wife. The conversion of property to use merely by the wife, is to the use of the husband, and not of herself. Salk. 114; 2 Wms. Saund. 47 i. The mere detention of property wrongfully by her, is not her tort, but her husband’s. 2 Greenl. Ev. § 647. This appears from the fact that the action of detinue, the gist of which was…
2Cases cited2 opinions
- Boyden v. WardSupreme Court of Vermont · 1866
- Manwell v. BriggsSupreme Court of Vermont · 1845
3Cited by7 opinions
- Walton v. Estate of HallSupreme Court of Vermont · 1894
- Dohorty v. MadgettSupreme Court of Vermont · 1885
- Powers v. DouglassSupreme Court of Vermont · 1881
- Southworth v. KimballSupreme Court of Vermont · 1885
- Blodgett's Estate v. Converse's EstateSupreme Court of Vermont · 1888
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