Legal Opinion

Bodine v. . Killeen

New York Court of Appeals

Decided June 3, 1873PublishedCited by 30 opinions

Appeal from, judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict.

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Appeal from, judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict. This was an action for goods alleged to have been sold and delivered by plaintiffs to defendant, a married woman, between May and September, 1869. For several years prior to May 1st, 1869, the defendant had carried on business on her own account at 400 Broome street, in the city of Mew York, and was accustomed to purchase stock in trade of plaintiffs. Up to the early part of 1868 such purchases were made through her husband,…

1Opinion of the CourtAllen, J.

With the removal of common-law disabilities from married women, corresponding liabilities have necessarily been imposed upon them. They take the civil rights ' and privileges conferred, subject to all the incidental and correlative burdens and obligations, and their rights and obligations are to be determined by the same rules of law and evidence by which the rights and obligations of the other sex are determined under like circumstances. To the extent, and in the matters of business in which they are by law permitted to engage, they owe the same duty to those with whom they deal, and to the…

2Cases cited3 opinions

  1. Sherman v. . ElderNew York Court of Appeals · 1862
  2. Goulding v. . DavidsonNew York Court of Appeals · 1863
  3. Baum v. . MullenNew York Court of Appeals · 1872

3Cited by30 opinions

  1. Cook v. WallingIndiana Supreme Court · 1889
  2. Cashman v. . HenryNew York Court of Appeals · 1878
  3. Dobbin v. CordinerSupreme Court of Minnesota · 1889
  4. Noel v. . KinneyNew York Court of Appeals · 1887
  5. Nash v. . MitchellNew York Court of Appeals · 1877

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