Church v. Landers
New York Supreme Court
This was an action of trover, tried at the Chenango circuit in October, 1831,- before the Hon. Robert Monell, one of the circuit judges. The action was brought to recover the value of a horse let to hire by the wife of the plaintiff, in the absence of her husband, to the defendant to go a journey of 35 miles; the horse died while in the possession of the defendant. The plaintiff was from home, attending to the business of rafting lumber.
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This was an action of trover, tried at the Chenango circuit in October, 1831,- before the Hon. Robert Monell, one of the circuit judges. The action was brought to recover the value of a horse let to hire by the wife of the plaintiff, in the absence of her husband, to the defendant to go a journey of 35 miles; the horse died while in the possession of the defendant. The plaintiff was from home, attending to the business of rafting lumber. When he left home, he told his wife she must not let the horse go in any case, unless for a doctor. There was no proof that the defendant knew of this…
1Opinion of the Court
By the Court,
Sutherland, J.
A new trial must be granted in this case. The wife, in the absence of the husband, must be considered as having a general authority to exercise the usual and ordinary control over bis property, which must be possessed by some one; unless it be expressly shewn that he had constituted some other person his agent for that purpose. Nothing of that kind appears in this case. That the plaintiff once told his wife that she must not let or lend his horse, except to go for a doctor, was proved ; but it was a mere private communication, not known to the defendant or published…
2Cited by14 opinions
- Benjamin v. BenjaminSupreme Court of Connecticut · 1843
- Seaman v. LuceNew York Supreme Court · 1856
- Meyer v. FrenkilCourt of Appeals of Maryland · 1911
- Oaks v. WellerSupreme Court of Vermont · 1844
- Savage v. DavisWisconsin Supreme Court · 1864
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