Bergoff Detective Service, Inc. v. Walters

This action, by a private detective agency, is founded upon an alleged contract to obtain evidence of adultery on the part of the wife of the defendant. Inasmuch as this appeal is from an order to dismiss the complaint for insufficiency, a résumé of its allegations is necessary. It avers in substance: In December, 1932, the defendant, a member of the New York Stock Exchange and a man of social standing and prominence, and his wife, Esther Smith Walters, were estranged, had separated and were living apart. At that time the wife had threatened to institute proceedings for an absolute divorce in…