Hood v. . Sudderth
Supreme Court of North Carolina
This was a civil action*, begun in Caldwell County, and heard by Graves, J., at Chambers, on motion to vacate order of a.rrest. It is alleged in the complaint, that the plaintiff, being an inmate of the home of the defendant, and a dependent and employee of his mother, was seduced by the defendant under promise of marriage.
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This was a civil action*, begun in Caldwell County, and heard by Graves, J., at Chambers, on motion to vacate order of a.rrest. It is alleged in the complaint, that the plaintiff, being an inmate of the home of the defendant, and a dependent and employee of his mother, was seduced by the defendant under promise of marriage. It is alleged that the defendant and plaintiff, being engaged to be married to each other, the former repeatedly solicited sexual intercourse, saying that they would soon be married; that it would make no-difference and would be no harm; which solicitations the plaintiff…
1Opinion of the Court
Clark, J.:
The Code, § 291 (4), provides that the defendant ■ may be arrested in a civil action when he “has been guilty of a fraud in incurring the obligation for which the action is brought,” or “when the action is brought‘to recover damages for fraud and deceit.”
If the allegations are taken to be true (and they must be for the purposes of this motion), the defendant, by false and fraudulent representations as to the nature and consequences of the act he solicited, and by means of undue influence, taking advantage of the position of the plaintiff as his affianced wife, the trust and…
2Cases cited16 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
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