Church v. Landers

New York Supreme Court

Church v. Landers

10 Wend. 79

CourtNew York Supreme Court

DecidedJanuary 15, 1833

StatusPublished

Cited by14 cases

This text of 10 Wend. 79 (Church v. Landers) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Church v. Landers, 10 Wend. 79 (N.Y. Super. Ct. 1833).

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Opinion

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 so as to be generally known.

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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 so as to be generally known.

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Bluebook (online)

10 Wend. 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-v-landers-nysupct-1833.

Opinion

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