Mary Griemsman Sears v. John C. Sears

BASTIAN, Circuit Judge.

In 1929, appellee [plaintiff] married Mary Elizabeth Lynch in New Jersey. They lived together until 1944 and a child, now emancipated, was born of that marriage. In 1942, appellee had met appellant [defendant] at the place of their common employment. They became friendly and appellee told appellant that his marriage to Mary Elizabeth Lynch Sears was “over and dead,” even though he was living with her at that time. He and appellant began seeing each other socially about a year later, while appellee was still living with his wife. Shortly thereafter, they became intimate.…