Burdick v. . Freeman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the fifth judicial department, entered upon an order made October 31, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the material facts are stated in the opinion. It is the legal right of counsel to submit to the court propositions of law bearing upon the evidence, and the court is bound to instruct the jury upon each proposition so submitted.
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Appeal from judgment of the General Term of the Supreme 'Court in the fifth judicial department, entered upon an order made October 31, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the material facts are stated in the opinion. It is the legal right of counsel to submit to the court propositions of law bearing upon the evidence, and the court is bound to instruct the jury upon each proposition so submitted. (Chapman v. McCormick, 86 N. Y. 479 ; Zabriskie v. Smith, 13 id. 322.) The court erred in refusing to charge as requested, that…
1Opinion of the Court
Follett, Ch. J.
This action (begun February 19, 1885) is for criminal conversation, and the defendant’s liability depended upon the determination of a single issue of fact, namely: Did he seduce the plaintiff’s wife, entice her from her home and harbor her ?
In November, 1884, the wife left the plaintiff, since which they have lived apart. The defendant denied that he induced the separation, or advised her to live apart from her husband; but admitted that some time after the separation he began to assist her to maintain herself and had continued' the assistance down to the trial.
The plaintiff…
2Cases cited5 opinions
- Gardner v. ThomasNew York Supreme Court · 1817
- Johnson v. DaltonNew York Supreme Court · 1823
- Dewitt v. BuchananNew York Supreme Court · 1868
- McIyor v. McCabeThe Superior Court of New York City · 1863
- Latourette v. ClarkNew York Supreme Court · 1866
3Cited by33 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Flaiz v. MooreTexas Supreme Court · 1962
- Bata v. BataNew York Court of Appeals · 1952
- Wilburn v. WilburnDistrict of Columbia Court of Appeals · 1963
- Pietraroia v. New Jersey & Hudson River Railway & Ferry Co.New York Court of Appeals · 1910
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