Kuhn v. Hemmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the. plaintiff, Marie Kuhn, from a judgment of the •Supreme Court in favor of the defendants, bearing date the 20th day of June, 1898, and entered in the office of the clerk of the county of Mew York upon the dismissal of the complaint by direction of the court after a trial at the Mew York Trial Term. This action was brought to recover damages for the alienation of the affections of plaintiff’s husband by the defendants.
Read the full summary
Appeal by the. plaintiff, Marie Kuhn, from a judgment of the •Supreme Court in favor of the defendants, bearing date the 20th day of June, 1898, and entered in the office of the clerk of the county of Mew York upon the dismissal of the complaint by direction of the court after a trial at the Mew York Trial Term. This action was brought to recover damages for the alienation of the affections of plaintiff’s husband by the defendants. Plaintiff was married to Charles Kuhn in 1890, and in 1892 they moved to an apartment house where the defendants, who were the owners, resided. The defendants’…
1Opinion of the Court
Barrett, J.:
It is well settled that a wife may maintain an action against one who has enticed her husband from her or deprived her of the comfort of his society. (Bennett v. Bennett, 116 N. Y. 584; Jaynes v. Jaynes, 39 Hun, 40; Baker v. Baker, 16 Abb. N. C. 293; Breiman v. Paasch, 7 id. 252; Westlake v. Westlake, 34 Ohio St. 621.) The defendants evidently misconceived the nature of the present action, for they contend that it cannot be successfully maintained because of a lack of evidence to show that they had any knowledge *111of the improper relations existing between their daughter and…
2Cases cited5 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Baker v. BakerNew York Supreme Court · 1885
- Hodecker v. StrickerNew York Supreme Court · 1896
- Hodecker v. StricklerAppellate Division of the Supreme Court of the State of New York · 1897
- Romaine v. DeckerAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Hall v. SmithNew York Supreme Court · 1913
- O'Gorman v. PfeifferAppellate Division of the Supreme Court of the State of New York · 1911
- Oppenheim v. KridelAppellate Division of the Supreme Court of the State of New York · 1923