Lansing v. Holdridge
New York County Court, Chemung County
Mr. Holdridgb’s wife owned a house which was insured and was occupied by Lansing Northrup as a tenant. She set fire to it in the night and it burned down and the tenant’s furniture was destroyed, his family barely escaping injury. Mr. Holdridge was temporarily absent from home in a neighboring state and was in no manner connected with her act.
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Mr. Holdridgb’s wife owned a house which was insured and was occupied by Lansing Northrup as a tenant. She set fire to it in the night and it burned down and the tenant’s furniture was destroyed, his family barely escaping injury. Mr. Holdridge was temporarily absent from home in a neighboring state and was in no manner connected with her act. Horthrup brought suit in justice’s court to recover for his damages against the wife, a daughter that was with her at the time of setting the fire and the husband. Judgment was rendered in favor of STorthrup for $200 and costs, and from that judgment…
1Opinion of the Court
S. Dexter, County Judge.
At common law, when a tort or a felony of an inferior degree was committed by the wife in the presence of the husband or by his direction, he alone was responsible (1 Hale's P. C., 45 to 49; 4 Black. Com., 29, M.; 2 Kent Com., 149; Cassin agt. Delany, 38 N. P., 178, 179). The ground of this liability rested upon the presumption that the tort of the wife resulted from the coercion of the husband.
When the tort was committed without the direction or presence of her husband, he was liable with her; but the reason of such liability did not rest on the ground that he, in…
2Cases cited2 opinions
- Baum v. . MullenNew York Court of Appeals · 1872
- Peak v. LemonNew York Supreme Court · 1869