Smith v. Bank of New England
Supreme Court of Connecticut
Trover, with a count in trespass; brought to the Superior Court in Middlesex County, and tried to the jury on the general issue, before Park, Q. J. The declaration was as follows: Then and there to answer unto Susan E.' Smith, wife of Whitby M. Smith, of said East Haddam, a- married woman, carrying on business, in a plea of the case, whereupon the plaintiff declares and says that on the 8th day of February, 1875, she was possessed of certain articles of personal property, to…
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Trover, with a count in trespass; brought to the Superior Court in Middlesex County, and tried to the jury on the general issue, before Park, Q. J. The declaration was as follows: Then and there to answer unto Susan E.' Smith, wife of Whitby M. Smith, of said East Haddam, a- married woman, carrying on business, in a plea of the case, whereupon the plaintiff declares and says that on the 8th day of February, 1875, she was possessed of certain articles of personal property, to wit: one hundred and forty-two pieces of ribbon, of the value of two hundred dollars; four boxes of feathers, of the…
1Opinion of the CourtLoomis, J.
This is an. action of trespass and trover brought by a married woman in her own name. It is conceded by the plaintiff’s counsel that the action can only be sustained by authority of the statute (General Statutes, p. 417, sec. 11,) which provides that £*when a married woman shall carry on any business, and any right of action shall accrue to her therefrom, she may sue upon the same as if she were unmarried.”
The declaration simply describes the plaintiff as ££ a married woman carrying on business,” but there is no allegation whatever that the goods taken by the defendant were the goods used in…
2Cases cited2 opinions
- Griffin v. PrattSupreme Court of Connecticut · 1821
- Edwards v. SheridanSupreme Court of Connecticut · 1855
3Cited by2 opinions
- Curtis v. Mutual Benefit Life Co.Supreme Court of Connecticut · 1880
- Crawford v. FederSupreme Court of Florida · 1894