The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-27
Marine Court.
Before Hon Judge Thompson.
pIaurs or MARRIED WOMEN,

Casharine Stirring rs Ddnic l.. Stuugis.-Ths action is
brought $780, the value Of certain articles Of
household furniture sold and delivered by the plaintiff TO
the defendant June last AT the time the articles were
originally purchased by the plaintiff and at the time OF
the sale OF the the defendant, she married
woman, living and cohabting with her husband. The
original purchase made with money earned by tho
plaintiff in keeping boarding house during coyerture
The plaintiff claims that such earnings became her sole
and separate property by virtue OF the act Of ls4s
ang the separate rights Of married women that she
possessed the legal power purchase the property
question and sell as II she were femme sole Upon this
state Of facts the defendant moved for dismissal Of the
complaint
By the Court-From the actions Of this kind
which have been commenced in this and other courts
since the passage Of the act Of 1S4s, " would seem
that opinion prevails in some quarters that by
virtue OF that act the earnings of femme couee during
overture become her separate property, and conse
ou,nty not subject TO the disposal Of her husband nor
liable Tor his debts How such inference eau be drawn
from the statute II is difficult to understand The Ian
guagc Of the act Is rs foows;Sec Co. " The real aud
persor al property Of any female who may hereafter
marry and which she shall at the time Of marriage
aud The rents issues and profits thereof shall not be sub
cc 10 the disposal Of her husband nor be liable Tor his
debts and shall continue her sole and separate property
II she a single female" sec o. Any married
female may take, by Inheritance or by GIT, grant devise
or heaucst from any person other than her husband
and hold her sole and separate and convey and de
wise real and personal property and any interest OF estate
manner aud with like effect AS u she were nnuar
ricd, ad the same sha not be subject 70 inc disposal
of her husband liable for his debts" q =, S3l)
cat common law the husbanu upon marriage, becomes
entitled Ia all the goods and chatels Of the VIE, au " all
~ money which she by her skill and labor
and these he has absolutely his own right, and not IN
hers" q How Pr. X l0b Kent Com, $50 Barb, 352)
Il not the Intention OF the Legislature TO infringe the
marital rights OF the husband by permitting the wife
10 acquire separate estate by the exercise of her
labor skill during coverture, and Then place beyond
his control The right OF the husband " the time, the
talents the proceeds Of her skill and labor Is
founded the most obvious principles OF public policy
Nor would civilized public sentiment tolerate the sgls
INF rferap hat n IN
way affects tho matrimonial privileges OF the husband
cured him by the law except in the few particu
lars therein named and those exceptions no, ut all in
consistent with any principle Of sound policy In this
the plaintiff purchased the articles IN suit with the profits
o her earnings during coverturc Such earnings belong
10 her husband She cannot therefore, maintain this
ton The property should be treated the husbands,
and she as bis agent In selling Judgment sor the do
PENDANT