Barnes v. Allen
New York Supreme Court
THIS was an appeal, by the defendant, from a judgment entered at a special term, after a trial at the circuit. The action was brought to recover damages of the defendant for counseling and attempting to induce the plaintiff’s wife to leave him; and for taking and carrying her away from the plaintiff’s house,^ and breaking up his family.
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THIS was an appeal, by the defendant, from a judgment entered at a special term, after a trial at the circuit. The action was brought to recover damages of the defendant for counseling and attempting to induce the plaintiff’s wife to leave him; and for taking and carrying her away from the plaintiff’s house,^ and breaking up his family. The defendantby his answer, denied the allegations of the complaint; and for a further defense, alleged.that immediately prior to the time the plaintiff’s wife left his residence, the plaintiff was guilty of cruel and inhuman treatment of his said wife, and…
1Opinion of the Court
By the Court, Lott, P. J.
The evidence offered by the defendant, of a general report that the plaintiff ill treated his wife, was clearly inadmissible; and as the exception is not noticed in the points of his counsel on this appeal, we assume it to be abandoned. Mor are we able to discover any principle on which the mere statements of the plaintiff’s wife that she was abused by him, without any proof of such abuse in fact, can be a justification for the defendant’s advice to her to leave him, and for his agency in removing her from the house of her husband to that of her father. The husband is…
2Cases cited2 opinions
- Hutcheson v. PeckNew York Supreme Court · 1809
- Schuneman v. PalmerNew York Supreme Court · 1848
3Cited by3 opinions
- Ex Parte WarfieldCourt of Criminal Appeals of Texas · 1899
- Stark v. HamiltonSupreme Court of Georgia · 1919
- Heermance v. JamesNew York Supreme Court · 1866