Frankel v. Frankel
Massachusetts Supreme Judicial Court
Bill m equity, brought in the Superior Court by a wife through her next friend against her husband, alleging that by fraud and coercion he obtained her money and was about to squander it. The answer of the husband was that his wife gave him the money to pay his debts with, and that he had paid them.
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Bill m equity, brought in the Superior Court by a wife through her next friend against her husband, alleging that by fraud and coercion he obtained her money and was about to squander it. The answer of the husband was that his wife gave him the money to pay his debts with, and that he had paid them. The judge found that the husband had obtained a part of the money by fraud and coercion, and a decree was entered ordering him to return it; and the defendant appealed to this court. The defendant objected to the decree for the reason that, if it could be made, it could be enforced by proceedings…
1Opinion of the CourtMorton, J.
The property which the plaintiff seeks to recover is her separate property, and was obtained from her, as the court has found, by the fraud and coercion of her husband. She cannot maintain an action at law against him, (Pub. Sts. c. 147, § 7,) and unless this bill can be maintained she will be without a remedy. That of itself is not a sufficient reason for a decree in her favor, but we think that she is entitled to the relief which she seeks. The section referred to above does not forbid suits between husband and wife, but simply provides that it shall not be construed to authorize them. It…
2Cases cited6 opinions
- People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
- Lombard v. MorseMassachusetts Supreme Judicial Court · 1891
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- Stiles v. StilesMichigan Supreme Court · 1866
- Fry v. FryNew York Court of Chancery · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Lewis v. LewisMassachusetts Supreme Judicial Court · 1976
- Courtney v. CourtneySupreme Court of Oklahoma · 1938
- Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
- Davis v. DownerMassachusetts Supreme Judicial Court · 1912
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
32 more not listed; retrieve them via the Exa API.