Mulvehall v. . Millward
New York Court of Appeals
Appeal from a judgment of the superior court of the city of Mew-York. The action was to recover damages for the seduction of the plaintiff’s daughter by the defendant.
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Appeal from a judgment of the superior court of the city of Mew-York. The action was to recover damages for the seduction of the plaintiff’s daughter by the defendant. The complaint alleged that the defendant debauched and carnally knew Maria, the daughter of the plaintiff, she then and during a long time thereafter being the servant of the plaintiff, and not twenty-one years of age, whereby she became pregnant and sick with child; and by means whereof the plaintiff was deprived of and lost her services, and was put to expense in taking care of her, &c. The answer denied specifically each…
1Opinion of the CourtEdwards, J.
It was proved upon the trial that the plaintiff’s daughter, at the time of her seduction, was in the defendant’s service, and it did not appear that there was animus revertendi, or that she, in fact, returned to her father’s house until after her confinement. Upon this state of facts it was contended upon the part of the defendant that, as no expense or actual loss of service on the part of the plaintiff was proved, he should be nonsuited, and a motion was made to that effect, which was overruled.
In the case of Dean v. Peel, (5 East, 45,) the plaintiff’s daughter, at the time of tier…
2Cases cited3 opinions
- Clark v. FitchNew York Supreme Court · 1829
- Martin v. PayneNew York Supreme Court · 1812
- Nickleson v. StrykerNew York Supreme Court · 1813
3Cited by11 opinions
- Lavery v. CrookeWisconsin Supreme Court · 1881
- Hudkins v. HaskinsWest Virginia Supreme Court · 1883
- Ellington v. EllingtonMississippi Supreme Court · 1872
- Ingerson v. MillerNew York Supreme Court · 1866
- Geraghty v. NewNew York Court of Common Pleas · 1894
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