Armitage v. Mace
The Superior Court of New York City
This case comes before the court upon exceptions, directed to be heard in the first instance at general term. The action was claim and delivery, to recover the possession of a mare and her paraphernalia. The defense was that the mare belonged, not to the plaintiff, but to her husband, Thomas B. Armitage, and that the defendant had a lien upon the animal under the stable-keeper’s act.
Read the full summary
This case comes before the court upon exceptions, directed to be heard in the first instance at general term. The action was claim and delivery, to recover the possession of a mare and her paraphernalia. The defense was that the mare belonged, not to the plaintiff, but to her husband, Thomas B. Armitage, and that the defendant had a lien upon the animal under the stable-keeper’s act. The mare was purchased by Thomas B. Armitage and owned by him up to June, 1873, when the plaintiff claims he gave the mare to her. This action was begun in November, 1877. The facts appear in the opinion.
1Opinion of the Court
By the Court.—Horace Russell, J.
The learned judge who presided at the trial of this case submitted it to the jury upon the sole question, whether the plaintiff became the owner of the property in question by gift from her husband. The jury found that she did. All intendments must be taken in favor of the verdict; if there is evidence to support it, it must stand.
The objections taken to the plaintiff’s title were, (1) that a wife cannot take a chattel by gift from her husband, and (2) that there was no such delivery and continued change of possession of the mare, as to constitute a valid gift.…
2Cases cited14 opinions
- Savage v. . O'NeilNew York Court of Appeals · 1871
- Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872
- Grangiac v. ArdenNew York Supreme Court · 1813
- Meeker v. . WrightNew York Court of Appeals · 1879
- Seymour v. . FellowsNew York Court of Appeals · 1879
9 more not listed; retrieve them via the Exa API.