Stammers v. Macomb
New York Supreme Court
This case came before the court on a special report of referees, in which they certified a balance in favor of the Pontiff of $S3 45, subject to the opinion of the court on the following state of facts : The demand of the plaintiff was for services rendered by him as a miller in a mill at Kingsbridge, which belonged to the wife of the defendant, it having been conveyed by a third person to James Renwick in trust for the wife of the defendant, as and for her separate estate,…
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This case came before the court on a special report of referees, in which they certified a balance in favor of the Pontiff of $S3 45, subject to the opinion of the court on the following state of facts : The demand of the plaintiff was for services rendered by him as a miller in a mill at Kingsbridge, which belonged to the wife of the defendant, it having been conveyed by a third person to James Renwick in trust for the wife of the defendant, as and for her separate estate, and to and for her use, free from any control or interference of her husband, and free from liability for any of his…
1Opinion of the Court
By the Court, Sutherland, J.
The mills in which the plaintiff was employed were the separate estate of the wife of the defendant Macomb. They were purchased with her money, and conveyed to James Renwick in trust for her, for her use, free from any control or interference of her husband. The business of the mills was carried on in the name of Mrs. Macomb ; all the accounts were kept in her name ; and the plaintiff’s account, on which this action was brought, was made out against Mrs. Macomb, and not against her husband, *456the defendant. The referees state that the plaintiff appeared to be fully…
2Cited by6 opinions
- Tillman v. ShackletonMichigan Supreme Court · 1867
- Simmons v. McElwainNew York Supreme Court · 1857
- Ehrich v. BuckiNew York Court of Common Pleas · 1894
- Wilder v. BrokawAppellate Division of the Supreme Court of the State of New York · 1910
- Catron v. WarrenTennessee Supreme Court · 1860
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