Kosminsky v. Goldberg
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. The husband is liable for the torts of the wife during coverture. If committed in his company, or by his order, he alone is liable, the presumption being that they are done under his compulsion or coercion, etc. 2 Kent Com., sec. 14.9; 2 Hilliard on Torts, 506; 21. Ind„ 427; 8 Minn., 236; Wright (Ohio), 9; 38 N. Y.,178; Pomeroy on Rem., sec. 320; Bliss on Code PI., sec. 85; Newman on PI., 278.
1Opinion of the CourtSmith, J.
This action was against the husband alone for defamatory words spoken by the wife. The complaint did not show whether the defendant was present or absent at the time the slander was uttered; and a demurrer to it was sustained for non-joinder of the wife. The plaintiff proposed to amend by stating that; the injurious words were spoken in the presence and hearing of the husband ; but the amendment was stricken out. By this action we understand the court to have decided that the amendment stated no case materially different from that which had already been adjudged insufficient, and to have…
2Cases cited4 opinions
- Dailey v. HoustonSupreme Court of Missouri · 1874
- Cassin v. . DelanyNew York Court of Appeals · 1868
- Handy v. FoleyMassachusetts Supreme Judicial Court · 1876
- Brazil v. MoranSupreme Court of Minnesota · 1863
3Cited by3 opinions
- Minor v. MapesSupreme Court of Arkansas · 1912
- Kies v. YoungSupreme Court of Arkansas · 1897
- McElroy v. CapronSupreme Court of Rhode Island · 1902