Fowler v. Frisbie
Supreme Court of Connecticut
This was an action qui tam, founded on the statute against fraudulent conveyances, to recover certain forfeitures for a violation of that statute.
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This was an action qui tam, founded on the statute against fraudulent conveyances, to recover certain forfeitures for a violation of that statute. The first count of the declaration was as follows: “ That a certain action was pending before the superior court in New-Havcn county, in favour of the plaintiff and his wife, against Timothy Frisbie of Branford, for certain false, malicious, and defamatory words, spoken by said Timothy Frisbie, of and concerning the wife of the plaintiff; in which action, the plaintiffs therein demanded 5000 dollars damages, and in which at tion the said…
1Opinion of the Court
Hosmer, Ch. J.
This case comes up on demurrer to the plaintifl’s declaration ; and from the facts appearing, it is clear, that the wife of the plaintiff is the party grieved, and should have been joined with the husband. The cause of action would survive to the wife, if she should outlive her husband ; and in all such cases, the husband and wife ought to join. The injury resulting from the fraudulent deed, was a violation of her absolute rights ; and in this, as in all other instances of wrongs, that have a similar operation, the suit must be brought in her ñame and that of her husband.…
2Cases cited1 opinion
- Townsend v. BushSupreme Court of Connecticut · 1814
3Cited by5 opinions
- Cooke v. CookeCourt of Appeals of Maryland · 1876
- Defeo v. HindingerSupreme Court of Connecticut · 1923
- Kesler v. PabstCalifornia Supreme Court · 1954
- Carey v. ForlivioConnecticut Superior Court · 1974
- Kesler v. PabstCalifornia Supreme Court · 1954