Travis v. Barger
New York Supreme Court
THIS was an action brought by the plaintiff against the defendant to recover damages for the seduction of the plaintiff’s daughter, Temperance S. Travis.
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THIS was an action brought by the plaintiff against the defendant to recover damages for the seduction of the plaintiff’s daughter, Temperance S. Travis. The complaint charged that at the time of the seduction the said Temperance was the servant of the plaintiff, and further charged, on information andbelief, that in the month of February, 1854, and on divers other days and times between that time and the commencement of said action, at Putnam Valley, Putnam county, the defendant, wrongfully intending to injure the plaintiff and to deprive him of the services of his said daughter and servant,…
1Opinion of the CourtBirdseye, J.
The evidence to which the counsel of the defendant objected as tending to prove a promise of marriage, was given in answer to a question which was not objected to, and which did not necessarily call for any such evidence. The part complained of was only a portion of a sentence, and stated a conversation between the witness and the defendant. As soon as the objectionable matter had been stated, the presiding judge declared it inadmissible ; and he then, and also in" his charge to the jury, directed them to disregard it. To make this answer of the witness the ground for granting a new trial,…
2Cases cited3 opinions
- Casey v. BrushNew York Supreme Court · 1805
- Seagar v. SligerlandNew York Supreme Court · 1804
- White v. SmithCourt of Appeals of Texas · 1884
3Cited by13 opinions
- Belknap v. Boston & Maine RailroadSupreme Court of New Hampshire · 1870
- Bunnell v. GreatheadNew York Supreme Court · 1867
- Morning v. LongSupreme Court of Iowa · 1899
- Secor v. LawThe Superior Court of New York City · 1862
- Larocque v. ConheimNew York Supreme Court · 1904
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