Legal Opinion · Dissent

Lawyer v. Fritcher

New York Supreme Court

Decided December 11, 1889Published

Appeal from circuit court, Schoharie county. Action by Peter Lawyer against Peter G-. Fritcher, for the alleged abduction and seduction of plaintiff’s minor daughter. Verdict and judgment for plaintiff, defendant’s motion for new trial denied, and he appeals.

1Dissent

Learned, P. J.,

(dissenting.) The defendant, a married man over 60-years óf age, took plaintiff’s daughter Edith, about 17 years old, from her íatbér’s house, on Monday, May 17th. He did this with the consent of the-parents. But the verdict of the jury establishes that he obtained this consent by fraud. That night he stayed with her at- a hotel, and occupied the same-bed with her, saying to the landlady that Edith was his wife. The next day he arrived with her at his own house. They occupied the same bed, and he made a similar statement viz., that he had been married to her the day before.…

2Cases cited8 opinions

  1. Hewit v. PrimeNew York Supreme Court · 1839
  2. Clark v. FitchNew York Supreme Court · 1829
  3. Martin v. PayneNew York Supreme Court · 1812
  4. Lipe v. . EisenlerdNew York Court of Appeals · 1865
  5. Bartley v. . RichtmyerNew York Court of Appeals · 1850

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