Whitman v. Egbert
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendant, Gertrude Walker Egbert, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 17th day of April, 1897, upon the verdict of a jury; also from an order entered in said clerk’s office on the 12th day of March, 1897, denying the defendant’s motion for a new trial made upon the minutes, and also from an order denying the defendant’s motion for a nonsuit.
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Appeal by the. defendant, Gertrude Walker Egbert, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 17th day of April, 1897, upon the verdict of a jury; also from an order entered in said clerk’s office on the 12th day of March, 1897, denying the defendant’s motion for a new trial made upon the minutes, and also from an order denying the defendant’s motion for a nonsuit. The complaint charged the defendant with wrbngfully, wickedly and maliciously alienating the affections of her husband, and thereby causing him…
1Opinion of the Court
Landon, J.:
■ The evidence tended to show that the' husband of the plaintiff became enamored of the defendant, and, as he thereafter abandoned the plaintiff, the jury might infer that his affection for the defend-, ant alienated his affection for his wife and led him to abandon her. *375It was incumbént upon the plaintiff to prove that the defendant was blamable for plaintiff’s husband’s infatuation. Unless the defendant did or said something with. the wrongful and willful intent to engage his affections and thereby to seduce him from his fidelity to his wife, and unless she was successful in this…
2Cases cited4 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Buchanan v. FosterAppellate Division of the Supreme Court of the State of New York · 1897
- Hobby v. HobbyNew York Supreme Court · 1869
- Van Olinda v. HallNew York Supreme Court · 1895
3Cited by7 opinions
- Billings v. AlbrightAppellate Division of the Supreme Court of the State of New York · 1901
- Loper v. AskinAppellate Division of the Supreme Court of the State of New York · 1917
- Rubenstein v. RubensteinAppellate Division of the Supreme Court of the State of New York · 1901
- Rubenstein v. RubensteinAppellate Division of the Supreme Court of the State of New York · 1901
- Ellsworth v. ShimerNew York Supreme Court · 1911
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