Woodworth v. . Sweet
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the seventh judicial district, setting aside a nonsuit and granting a new trial. (Reported below, 44 Barb., 268.) The action was brought to recover the value of certain cattle, trucks and a sled, alleged to have been wrongfully taken and pon verted by the defendant.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the seventh judicial district, setting aside a nonsuit and granting a new trial. (Reported below, 44 Barb., 268.) The action was brought to recover the value of certain cattle, trucks and a sled, alleged to have been wrongfully taken and pon verted by the defendant. The defendant, by his answer, alleged that he bought the property at a sale by the sheriff of Livingston county, under two executions duly issued on two judgments recovered against Philemon F. Woodward, to whom the property belonged, and that the claim of the plaintiff…
1Opinion of the Court
Leonard, C.
The defendant insists upon the common-law rule, that the husband is entitled to all the personal property and choses in action of the wife. Under this rule, the money which she received from her father’s estate, in 1847, became his property. (Ryder v. Hulse, 24 N. Y., 372.)
But it is well settled that a court of equity will make a settlement for the support of the wife out of any property received by the husband in her right. He might allow the wife to retain her separate estate, and if he borrowed her money there was a valid consideration in equity to repay it. A promise to repay…
2Cases cited4 opinions
- Savage v. . O'NeilNew York Court of Appeals · 1871
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Gage v. . DauchyNew York Court of Appeals · 1866
- Ryder v. . HulseNew York Court of Appeals · 1862
3Cited by11 opinions
- Clark v. HezekiahDistrict Court, E.D. Arkansas · 1885
- Woodman v. PenfieldNew York Supreme Court · 1889
- Willis v. WillisAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Estate of DeckerNew York Surrogate's Court · 1933
- Willis v. WillisAppellate Division of the Supreme Court of the State of New York · 1903
6 more not listed; retrieve them via the Exa API.