Blanchard v. Blood
New York Supreme Court
• On the 15th of September, 1846, Charles Blood and wife, the plaintiffs, brought an action against Sawyer and Blanchard, the defendants, before a justice of the peace of Franklin county, and on the joining of the issue, they declared in trover for three cows, which the defendants wrongfully took and converted to their own use, to the plaintiffs’ damage of one hundred dollars.
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• On the 15th of September, 1846, Charles Blood and wife, the plaintiffs, brought an action against Sawyer and Blanchard, the defendants, before a justice of the peace of Franklin county, and on the joining of the issue, they declared in trover for three cows, which the defendants wrongfully took and converted to their own use, to the plaintiffs’ damage of one hundred dollars. The defendants pleaded the general issue and a justification by virtue of an execution issued out of the Franklin county common pleas, ip favor of Seth Blanchard against Charles Blood, for $100,93. On the 16th of…
1Opinion of the Court
By the Court, Willard, J.
The bill of exceptions assumes that the property taken by the defendants, belonged in equity, to the wife, under the ante-nuptial agreement given in evidence. And the first question it raises is, whether 'the remedy is rightly sought in an action at law by the husband and wife. It was formerly supposed that the interposition of trustees was in all cases of this sort, whether before or after marriage, indispensable for the protection of the wife’s rights and interests. But, though in strict propriety that should always be done, and it is usually done in regular and…
2Cases cited2 opinions
- Hardin v. OwingsCourt of Appeals of Kentucky · 1808
- Seibert v. M'HenrySupreme Court of Pennsylvania · 1837
3Cited by2 opinions
- Gordon v. EansSupreme Court of Missouri · 1888
- Huntington v. GilmoreNew York Supreme Court · 1852