McElroy v. Capron
Supreme Court of Rhode Island
Trespass on the Case for negligence. The facts are stated fully in the opinion. Heard on demurrer to plea, and demurrer sustained.
1Opinion of the Court
Tillinghast, J.(1) The plea which the defendant, Luella W. Capron, interposes as a bar to this action, in so far as it seeks to hold her individually responsible for the negdigence complained of, is that at the time of the alleged wrong and injury participated in by the testator, Herbert S. Capron, she was his lawful wife.
To this plea the plaintiff demurs on the grounds (1) that the said defendant Luella does not in her plea allege that at the time of committing the said wrong and injury she was under the coercion of her said husband ; (2) that said plea is not conclusive, but merely raises a…
2Cases cited6 opinions
- Cassin v. . DelanyNew York Court of Appeals · 1868
- Burnett v. . NicholsonSupreme Court of North Carolina · 1882
- Handy v. FoleyMassachusetts Supreme Judicial Court · 1876
- Wagener v. BillNew York Supreme Court · 1855
- Marshall v. OakesSupreme Judicial Court of Maine · 1864
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