Berger v. Herbert

Gtiegebicb:, J.

The defendant moves .to vacate an order for his examination in an action to recover $50,-000 damages for an alleged breach of promise of marriage. The answer is substantially a general denial, and a general release before the commence-' ment of the action is also pleaded as a separate *361and distinct defense.' It was held in Wessel v. Schwarzler, No. 1, 144 App. Div. 587, where a parent brought suit to recover $100,000 damages for the alleged seduction of a minor daughter, and in Wessel v. Schwarzler, No. 2, 144 id. 589, which was brought by such daughter to recover $100>,000…