Loper v. Askin
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendant, Lucy J. Asian, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 6th day of May, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 3d day of May, 1916, denying defendant’s motion for a new trial made upon the minutes.
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Reargument of an appeal by the defendant, Lucy J. Asian, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 6th day of May, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 3d day of May, 1916, denying defendant’s motion for a new trial made upon the minutes. The action was to recover for the alienation of the affection of plaintiff’s husband, and the judgment was for the sum of $2,341.79. (See 176 App. Div. 934.)
1Opinion of the Court
Putnam, J.:
In September, 1914, plaintiff had separated from her husband, Frank Loper, who kept a livery stable and doctored horses in the village of Patchogue, L. I. This action was *164begun December 29, 1915, against Mrs. Askin, who had a hotel at Medford, L. I. At the conclusion of plaintiff’s case defendant moved for a dismissal, and having excepted to such refusal to dismiss, offered no evidence for the defense. The jury rendered a verdict for $2,250.
Plaintiff’s testimony failed to establish her case. The action for enticing away one from his contract relations (even those of master and…
2Cases cited6 opinions
- Shotwell v. . DixonNew York Court of Appeals · 1900
- Stuart v. SimpsonNew York Supreme Court · 1828
- Buchanan v. FosterAppellate Division of the Supreme Court of the State of New York · 1897
- Webber v. BenbowMassachusetts Supreme Judicial Court · 1912
- Whitman v. EgbertAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Beery v. BreedAppellate Court of Illinois · 1941
- United States v. Mammoth Oil Co.District Court, D. Wyoming · 1925
- Polachek v. New York Life InsuranceNew York Supreme Court · 1933
- Madison v. NeuburgerNew York Supreme Court · 1927