Sherman v. . Elder
New York Court of Appeals
Appeal from the New York Common Pleas. Action by the assignee of Mrs. Lucy Sherwood for the taking and conversion of chattels alleged to be on her premises and in her possession. On the trial before a referee, it appeared that Mrs. Sherwood married in 1850, being then engaged in business as a grocer, owning the fixtures of her shop and the stock in trade.
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Appeal from the New York Common Pleas. Action by the assignee of Mrs. Lucy Sherwood for the taking and conversion of chattels alleged to be on her premises and in her possession. On the trial before a referee, it appeared that Mrs. Sherwood married in 1850, being then engaged in business as a grocer, owning the fixtures of her shop and the stock in trade. Upon her marriage, it was agreed that the business should be continued in her name; that her husband should give his services in the business, and that he should have his living as his compensation. He was a bankrupt. He bought and sold and…
1Opinion of the CourtAllen, J.
The referee finds that a part of the property, taken and sold by the defendants on the execution against Daniel Sherwood,, belonged to the wife of the judgment-debtor before and at the time of her intermarriage with such' debtor, and he values that part of the property at sixty dollars. He reports against the right of the plaintiff, claiming, as assignee of the wife, to recover for this portion of the property, on the ground, 1st, that the assignment of the claim in controversy by Lucy Sherwood was not valid in law, she being a married woman; and 2dly, because no damages arising from the sale…
2Cases cited3 opinions
- Waldron v. . WillardNew York Court of Appeals · 1858
- Butler v. New York & Erie Rail RoadNew York Supreme Court · 1866
- Merritt v. LyonNew York Supreme Court · 1848
3Cited by31 opinions
- Vandevoort v. . GouldNew York Court of Appeals · 1867
- Bodine v. . KilleenNew York Court of Appeals · 1873
- Gibson v. GibsonWisconsin Supreme Court · 1877
- Buckley v. . WellsNew York Court of Appeals · 1865
- Jones v. JonesSupreme Court of Iowa · 1865
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