Gerry v. Gerry
Massachusetts Supreme Judicial Court
Action of tort for the conversion of a watch and chain. At the trial in the court of common pleas, it appeared that the watch and chain had been purchased in 1853 by the female plaintiff during coverture, with money earned by her.
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Action of tort for the conversion of a watch and chain. At the trial in the court of common pleas, it appeared that the watch and chain had been purchased in 1853 by the female plaintiff during coverture, with money earned by her. The defendant objected that upon this evidence the action should have been brought in the name of the husband only ; but Scmger, J., for the purposes of the trial, overruled the objection; a verdict was returned for the plaintiffs, and the defendant alleged exceptions.
1Opinion of the CourtMetcalf, J.
This case is not affected by either of the recent statutes of the Commonwealth concerning married women, but is to be decided by the rules of the common law. By that law, the watch and chain, which are the subjects of this suit, were the sole property of the husband. No authority need be cited to this point. It follows that the wife has wrongly joined as plaintiff. And the misjoinder of plaintiffs is fatal, both in actions of tort and in actions of contract. When the misjoinder appears on the declaration, it is fatal on demurrer; and before our practice act (§ 22) took effect, it would have…
2Cases cited2 opinions
- Thompson v. HoskinsMassachusetts Supreme Judicial Court · 1814
- Rawlins v. RoundsSupreme Court of Vermont · 1854