The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-05
Marine Court-Special Term.
Before Hon. Judge Thompson.
ulRpIrn wnMEN,s RIGHrs


MARCH 3.-Higginbotam dgt. Dickinson, by Bo9ardus
her ner iend-Cause submitted upon demurrer to the
complaint The ground assigned is, that the complaint
does contain facts sufficient to constitute Of
action.
THOMPSON, J.-It is alleged in the complaint that the
defendant Margaret o. Dickinson, is the wife Of John
Dickinson, and that they married in the year
1s43 that from tie year 1858 down to the commence
ment OF this action she the said Margaret hath been
neglected deserted by said that during
all that time she has carried business boarding
house teeperapplyp ing the profits thereof to her own
by the permission and agreement OF her said husband;
that che hath, during all that time in all respects acted
afemme sole and hath acquired large personal
tate of the value of COO, which she holds her
husband w6o the plaintif alleges is insolvent that
vered to the said Margaret at her special instance and
request at divers times during the years 1853 and 1854
for the purpose Of her business IS boarding house
keeper for the benefit Of her separate estate and that
the same used and apped that the said Marga-
ret hath paid at divers times on account OF said mer
chandise $780, leaving balance due the saii Murphy.
Of $780, which the said Murphy hath duly assigned TO
the plaintiff who dem ands judgment against the san de-
PENDANT Of said sum Of Eve hundred dollars
Upon the argument, counsel for the plaintiff claims
that be entitled to recover upon either OF the follow
fsst-Because the husband having deserted or aban-
doned his wife, she was obliged to maintain herself By
her unaided exertions
second-Because she transacted business and made
contracts in her name by permission and agreement
Third-Because the property she accumulated became
her separate estate liable for the debts under the
control Of her husband.
The mere act of desertion abandonment cannot In
any event change the legal resulting from the
relation Of husband and wife These disabilities can only
be removed by sort Of valid contract between the
parties As q general rule, married woman cannot
contract debt charging herself personally Again
Mere permisso Of the husband that the wife may do
business and make contracts in her own name, can have
different bearing upon her legal disabilities than his
desertion cpon this point II is quite TO
enlarge But there is nething said about an agree
mept between these parties The nature and character
Of the agreeme mt not disclosed In the complaint
couni e upon the argument that valid contract has
teen entered into between the parties which would
at all affect their relations husband wife, their
duties obligations to third aries-no contract
equity feeling OF the bitterest hostility has for long
time existed and still does exist between the defend
ant and her husbands state of feeling from which It
would be extremely hazardous to infer that the husband
would enter into any contract with his wife from which
she could derive any possible benefit contract evil
IDENTIFY does not exist between these parties upon
which the court act If 1t werefn our power TO de-
eide this upon the equities involved should have
hesitation In giving judgment for the amount
claimed in favor CT the plaintiff There s room to
to Mrs.. Dickinson femme sole. He did not know that
she had been a married woman. But the
mast be decided here upon well established rules OF
law Property acquired by the wife during coverture
belongs absolutely to her husband She is incapable Of
securing 10 herself separate estate by her labor.
She only obtain such estate by gift bequsst
revise Her husband only Is entitled to her earnings.
The personal property now held BY Mrs. Dckenson with
ut doubt belongs to her husband II abe kept the
boarding house with his and permission 10 alone
is liable for all the debts contr her while she
so engaged The judgment Of the co.rt therefore, In
hat the complaint be dismissed