Weston v. Weston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles O. Weston, from a judgment of the Supreme Court in favor of the defendant, entered in' the office of the clerk of the county of Monroe on the 16th day of May, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of May, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J. :
The learned trial judge during the trial and also upon the motion for a new trial treated this action as one of criminal conversation only. In this we think he erred.
The complaint alleges that the defendant “ contriving and wick*161edly * *. * intending to injure the plaintiff and wrongfully to deprive him of the affections * * * society * * * and -assistance of plaintiff’s wife, did wrongfully * ■ * * plan and undertake to alienate the affections of plaintiff’s said wife * * * and did finally acquire an improper influence over ” her and then alleges sexual intercourse with the wife…
2Cases cited9 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Kujek v. . GoldmanNew York Court of Appeals · 1896
- Rosseau v. . BleauNew York Court of Appeals · 1892
- Heermance v. JamesNew York Supreme Court · 1866
- Barnes v. AllenNew York Court of Appeals · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hanor v. HouselAppellate Division of the Supreme Court of the State of New York · 1908