Vincent v. Ireland

Citations

• 18 Del. 580
• 2 Penne. 580
• 49 A. 172
• 1900 Del. LEXIS 36

Syllabus

<p>Appeal—Assumpsit—Contract—Married Woman—Husband and Wife—Nonsuit—Statute— Construction of.</p> <p>1. A married woman in this State is still under such common-law disabilities as have not been removed by statute.</p> <p>2. By the act of 1873 a married woman’s personal property, acquired from any person other than her husband, is made her sole and separate property. Where it is proved that personal property belongs to a married woman, it is not necessary for her to prove that she did not acquire it from her husband. In such case the general rule should prevail, that he who asserts an affirmative should prove it. Where there is no direct proof upon the point, the jury may draw their own conclusions from such proof as they have, as to the ownership of the property and how it was acquired.</p> <p>3. A married woman has the right to make such use of her private property as will bring profit and benefit to her. And her rights and privileges conferred by the statute have not been made dependent upon her living separate from her husband. Although living with her husband she may receive for her own use and sue for in her own name, the wages of her personal services, provided they are not rendered for or in connection with her duties in the family of her husband, and are not inconsistent with the performance of such duties.</p> <p>4. There may be circumstances under which a married woman, although living with her husband, who has the general management and control of his house, and is the head of the family, may maintain an action in her own name for the board and lodging of a person living in the house of the husband, or for personal services rendered to such person. But if the boarder is under an express or implied agreement with the husband to pay him for the board, and the wife’s services relate to the usual entertainment of the boarder, the husband and not the wife would be the proper person to sue for the board, which included the wife’s services.</p>