Pollock v. Pollock
New York Court of Common Pleas
Appeal from trial term. Action by Ellen Pollock against Alexander Pollock to recover damages for loss of the society of plaintiff’s husband. Defendant was the husband’s father, and was charged with having unlawfully, wrongfully, and maliciously, by threats, persuasion, and offers of money, induced plaintiff’s husband to abandon her. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtBischoff, J.
Repeated scrutiny of the testimony adduced on the trial is convincing that the facts afforded no justification' for the recovery, and that the verdict was not the result of temperate and dispassionate deliberation on the part of the jury. It is therefore the prerogative, as well as the duty of the court, at general term, on appeal from an order denying a motion for a new trial, lest justice should be perverted, to set the verdict aside, and to order a new trial. Kummer v. Railroad Co., 2 Misc. Rep. 298, 21 N. Y. Supp. 941; Hamilton v. Railroad Co., 53 N. Y. 25, 30; Hynes v. McDermott, 7 Abb.…
2Cases cited8 opinions
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Hutcheson v. PeckNew York Supreme Court · 1809
- Gilchrist v. BaleSupreme Court of Pennsylvania · 1839
- Schwinger v. . RaymondNew York Court of Appeals · 1887
- Kummer v. Christopher & Tenth Street RailroadNew York Court of Common Pleas · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Barton v. BartonMissouri Court of Appeals · 1906
- Ratcliffe v. WalkerSupreme Court of Virginia · 1915
- Brison v. McKellopSupreme Court of Oklahoma · 1914
- Francis v. OutlawCourt of Appeals of Maryland · 1916
- Kennell v. RiderAppellate Division of the Supreme Court of the State of New York · 1929
6 more not listed; retrieve them via the Exa API.