Scheive v. Kaiser
New York Supreme Court
APPEAL, by the plaintiff, from a judgment entered upon the report and decision of a referee. The action was brought to foreclose a mortgage.
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APPEAL, by the plaintiff, from a judgment entered upon the report and decision of a referee. The action was brought to foreclose a mortgage. The defendant Kaiser executed to the plaintiff a bond reciting that the plaintiff and his wife had entered into articles of separation from bed and board, and that in consideration of the premises the plaintiff had, that day, paid Kaiser $350, to be used and appropriated by him for Frances Scheive, (his wife,) and in consideration of the premises Kaiser further agreed to keep and maintain and forever support the said Frances Scheive. It was conditioned,…
1Opinion of the Court
By the Court, Marvin, J.
It was said, upon the argument, that Norton v. Rhodes, (18 Barb. 100,) was controlling with the referee, in this ease. If so, I think the referee misapprehended or misapplied that case. Horton and others, as superintendents of the poor, brought that action against the husband to recover for the hoarding, &c. of his wife by the county. The action was attempted to be sustained upon the common law relating to husband and wife. It was held that the superintendents of the poor could not, as public officers of the county, interpose between husband and wife, and by supporting…
2Cases cited1 opinion
- Norton v. RhodesNew York Supreme Court · 1854