Stiffler v. Boehm

Erlanger, J.:

For enticing away and alienating the affections of plaintiff’s fiancée, thereby causing a breach of their contract to marry, the defendant is proceeded against. The defendant moves to dismiss the complaint for legal insufficiency. The complaint contains the allegations usual in such causes. An action of the character mentioned is maintainable against one who meddles with the spouse of another, where the relation of husband and wife exists, and its basis is the loss of consortium. But where no marriage was ever consummated, in the absence of a statute, such an action will not lie.…