Manning v. Manning

• Decision Date: 30 June 1878
• Court: North Carolina Supreme Court
• Parties: L. B. MANNING v. CAROLINE A. MANNING and others.

79 N.C. 300

L. B. MANNING

v.CAROLINE A. MANNING and others.

Supreme Court of North Carolina.

June Term, 1878.

CIVIL ACTION, tried at January Special Term, 1878, of HALIFAX Superior Court, before Schenck, J.

The plaintiff alleged that subsequent to his marriage with defendant, Caroline, she became a free trader in pursuance of Bat. Rev., ch. 69; that prior to and since said marriage she was seized of a considerable estate which has yielded a large income; that the other defendant, Garibaldi, was the agent of his co-defendant, had managed her business prior to said marriage, and has acted as such since that time, managing her whole estate and collecting moneys to a large amount; that said Garibaldi has refused to account to the plaintiff; wherefore the plaintiff demands judgment against the said defendant for an account of his dealings as agent aforesaid. The defendant Caroline answering, stated that she had had a full and fair settlement with her co-defendant, and that it was ascertained he was due her the sum of $1470,58, only a small part of which had actually been paid; that the plaintiff had taken sole control and possession of all her property (except that in the hands of her co-defendant) against her will, and used the rents and profits arising therefrom for his own benefit, and had failed to provide for her support; wherefore she demands judgment against her co-defendant for the amount due her. The defendant, Garibaldi, also filed an answer stating the manner in which said business had been managed by him, and the plaintiff replied. Verdict and judgment for defendants. Appeal by plaintiff.

Mr. T. N. Hill, for plaintiff .

Messrs. Mullen & Moore, S. Whitaker, and A. W. Haywood, for defendants .

BYNUM, J.

This action can not be maintained by the husband. The wife is entitled to recover and hold to her own use her separate property, real and personal, and also the rents, issues and profits derived from it. Agents appointed by her, whether before or subsequent to marriage must account with and pay to her what they have received, whether the income and profits accrued before or since the marriage. If this proposition did not sufficiently appear from the constitutional provision, it certainly does from the act entitled, “marriage, and marriage contracts.” Bat. Rev., ch. 69. § 29, of which is in these words: “The savings from the income of the separate estate of the wife, are her separate property. But no husband who, during the...