The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-09-06
bella RIFERs'S FiNERR.

The Dress Rehearsal that she did not Attend
\ Trip TO Saratoga uud Consequent
Lawsuit A BiN tor Frank Rivers TO Pay
In the case Of Bella Rivers wife Of Frank Riy
ers tic actor, who arrested under the sti'lwel
act on the ground that she had fraudulently con-
trnctcd debt Of $l3t Of Mrs. Arena Robinson. for
articles Of wearing apparel, Judge joseph +. Dali
yesterday decided that the examination must pro.
eecd Notwithstanding the claim OF Bella that being
married worna b, she should be discharged. Mrs
Robinson alleges that the dress and other article,
furnis ed upon Bellas repres entaton that she
was an actress under engagement at a large salary
1t the olympic Theatre, and therefore was abun-
danty able to pay for the goods. These representa-
tons declared false and it is claimed that Bella
getting the dress, hurried to Saratoga instead OF
going to q dress rehearsal at tie theatre. for which
she said the dress vas wanted.
On the return OF the warrant, the accused contro-
yerted the charges rcciled against her ana gave
rtoognirance to appear or examination on Friday
last Her counsel on tliat dav moved for her imnc
date discharge on AFFIDAVIT that she was a married
woman. The plaintiff claimed that this motion was
TOO late That should have been made Immediately
upon the return tint the right to take advantage ol
her cOverture as ground OF dischai go was waived
by lfer conirOverting generally the facts and giving
recoVnizance to appenr; also. that coverinre gwen
II Dreaded in time. is no ground for her relbNAnt
regularly tried In tic suit ana judgment Is awardea
IL her favor upOn IT,
Judge Daly decides trt the plea OF Overture - IN
time; tLat lhe defendant II at liberty during the
psndency Of the proceeding bn US nothing appears
H. the application Tor the warrant 70 show her GOV
rure the fact Nscli i conceded ~ the plain
tn ard M opportunity shunfd be given the latter to
Inquire into it, IL seemed reasonable TO permit the
examination to proceed. Juige DAILY was not en-
tlrely assured that the plea OF covertute was CON
pe.e bit 10 this proceeding. Under the common
law, vi h disabled q married WON II from raktnf
contract. such ss Is the basis of this suit, she err
tain could not e arre-ted for fraud on her purt
IN making tie contra l..
But tie acts %. lSG0 and 1884 which empower her
10 carry IN separate business Hnd make Gcr lllb @
10 he sued IN h natter having 70 alton 20 her s~pl.
rate rroTt ty. would work the greatest injustice f,
wuio u lcuLittcd her 70 make contracts in relation
N her separate property. trade OF business aud ~
tborzel ruit t. be main ,incd upon such contract
Euvc rcr creditors no right, by such statutory no
rectm as tie ttlHcll act permits N punish slar
Ing maud on hCr part IN I.tng ne contracts, ana
gro deceit ANA nisrcpI c.eHtA ion IN obattng the
Eouta or -. lch sic IN 30 suCI a. law.
But tine fct9, as developed By tn examination
the bour s1t iHdy require no snch construction OF
Tie .rE. T. trc facts alleged bi MIS-. Robinson ~
Erounf p igaut are tuc, tru Bea is not IN actress
mat th' uui no engagement and received no salary
~ me- l e. uHr mo- rTi tc hus uCf IN the coufs'
OF which 'hc incurred M" dnht, and ~ n married
woman, tic there cHU ro no I.tUv on Unr part 10
paw Tor the wearing apparel, l,r husband alode DO
Ing ansWcrIble al law. II htrc mo- liability T.
sustain the sui, tlc' irtrc is no GROUND for tn,
proceeding, since A., although dcsigned 10 luu-l
The fraud rests upon tic lasis Of valid del. in al