Legal Opinion
Kelly v. Campbell
New York Court of Appeals
Decided December 15, 1864PublishedCited by 1 opinion
1Opinion of the CourtBalcom, J.
The bill of sale of the goods, from Jones to Mrs. Kelly, was dated and executed on the 5tli day of February, 1861. Her coverture did not then prevent her from purchasing the goods and going into trade as a shoe merchant (Laws of 1860, p. 157, §§ 1, 2.)
The action for the conversion of the goods by the defendant was properly bought in her name. (Laws of 1860, p.. 158, § 7; Laws of 1862, p. 344, §7; Code §§ 111, 114.) .
The bill of sale itself authorized Mrs. Kelly to maintain the action in her own name, unless it was impeached for fraud. (27 Barb., 178; 32 id., 293 ; 4 Kern., 555.)
■The notes…
2Cases cited11 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Shepard v. ShepardNew York Court of Chancery · 1823
- Garlick v. StrongNew York Court of Chancery · 1831
- Strong v. SkinnerNew York Supreme Court · 1848
- Bennett v. BurchCourt for the Trial of Impeachments and Correction of Errors · 1845
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Seymour v. . FellowsNew York Court of Appeals · 1879