Ellsworth v. Shimer

In Hutcheson v. Peck, 5 Johns. 196, 209, in an action of this character, viz., for alienating a wife’s affections, it was said that the quo animo is the material ■point,-and in Abbott’s Forms of Pleading this -case is cited as authority for the form of allegation there employed, viz., that the defendant wrongfully contrived and intended to injure the plaintiff. That the motive with which the defendant acted is all important in cases of this; kind is apparent also from the following decisions: Barnes v. Allen, 1 Keyes, 390, 394; Whitman v. Egbert, 27 App. Div. 374; Eldredge v. Eldredge, 79…