Whitney v. Whitney
New York Supreme Court
Appeal from judgment on a demurrer to a complaint. The action was brought by Cornelia E. Whitney against her husband, Hampden Whitney, and was founded upon facts which are stated in the opinions given below. The defendant demurred to the complaint, contending that a wife could not maintain such an action against her husband.
Read the full summary
Appeal from judgment on a demurrer to a complaint. The action was brought by Cornelia E. Whitney against her husband, Hampden Whitney, and was founded upon facts which are stated in the opinions given below. The defendant demurred to the complaint, contending that a wife could not maintain such an action against her husband. The demurrer was argued before Justice Ingalls, at Rensselaer special term, November, 1866, who overruled it; rendering the following opinion: The demurrer to the complaint admits the material allegations of the complaint. The facts thus admitted are that on the first day…
1Opinion of the Court
By the Court.*—Miller, J.
The plaintiff’s complaint in this action sets forth with some particularity the nature of the plaintiff’s claim and its origin. It appears thereby that the plaintiff was the Owner of considerable property, part and most of which consisted of a house and lot which had been exchanged for another parcel of real estate. That she sold the house and lot, and that a portion of the avails of the sale, in bank bills, was placed by her, on retiring to bed at night, in a pocket-book, under her pillow, and was taken from there by the defendant, before she arose on the following…
2Cases cited4 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Freethy v. FreethyNew York Supreme Court · 1865
- Denman v. PrinceNew York Supreme Court · 1862
- Devin v. McKelveyNew York Supreme Court · 1859
3Cited by10 opinions
- People v. MortonNew York Court of Appeals · 1954
- Adams v. CurtisNew York Supreme Court · 1870
- Trousseau v. CartwrightHawaii Supreme Court · 1895
- People v. MortonAppellate Division of the Supreme Court of the State of New York · 1954
- People v. RossiterNew York City Magistrates' Court · 1940
5 more not listed; retrieve them via the Exa API.