Blowers v. Sturtevant
New York Supreme Court
Error to Saratoga C. P. Sturtevant sued Blowers before a justice in November, 1844, and declared, among other things, for boarding the defendant’s family. The plaintiff was a blacksmith, and the defendant a carpenter, and there had been accounts and dealings between the parties in the way of their respective trades ; but nothing is in question on this writ of error but the plaintiff’s claim for boarding the defendant’s wife and child.
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Error to Saratoga C. P. Sturtevant sued Blowers before a justice in November, 1844, and declared, among other things, for boarding the defendant’s family. The plaintiff was a blacksmith, and the defendant a carpenter, and there had been accounts and dealings between the parties in the way of their respective trades ; but nothing is in question on this writ of error but the plaintiff’s claim for boarding the defendant’s wife and child. The defendant’s wife, Eliza, left his house on the 16th of May, 1844, with her child, which was less than a year old, saying she was going visiting to her uncle…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Our laws do not favor, separations between husband and wife. So long as they live together, if the wife purchase necessaries for herself or the family, the law will presume that she had the authority of her husband for doing it. But after they part the law makes no such presumption; and it lies on those who would charge the husband, to show that the separation took place in consequence of his misconduct. (Clifford v. Laton, 3 C. & P. 15.) If the wife leave her husband without just cause, and go to her father’s house, or any where else, the husband is not…
2Cases cited2 opinions
- M'Cutchen v. M'GahayNew York Supreme Court · 1814
- M'Gahay v. WilliamsNew York Supreme Court · 1815
3Cited by19 opinions
- People v. . PettitNew York Court of Appeals · 1878
- Keller v. . PhillipsNew York Court of Appeals · 1868
- Edgerton v. EdgertonMontana Supreme Court · 1892
- Bloomingdale v. BrinckerhoffNew York Court of Common Pleas · 1892
- Vusler v. CoxSupreme Court of New Jersey · 1891
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