Apong v. Marks

Decided July 15, 1851

Hawaii Supreme Court · decided 1851-07-15

This was an action brought to recover damages for injury done to the plaintiff’s reputation as a merchant, by the allegation of the defendants, that he had robbed them of 454 ounces of gold dust; and was the last in the series of the Marks cases. It having appeared in the course of the evidence, that Miss Janett Marks was a minor, the plaintiff’s counsel, so far as she was concerned, discontinued the suit.

Decided 1851-07-15

Chief Justice Lee

¶1charged the jury that the husband is liable for all torts of the wife committed during coverture, and that, if they found Julia Marks to be a married woman, she could not be made subject to damages in this suit, unless her husband were made a joint party to the same. That, in the event of their finding her a/eme covert, they could only render a verdict against Henry Marks.

¶2The jury, after an absence of half an hour, returned into Court, and stated that they found Julia Marks to be a married woman, and rendered their verdict against the defendant Henry Marks in the sum of two thousand five hundred dollars.