Warner v. Miller
New York Supreme Court
Trial at circuit. Susie Warner brought this action against Lucinda Miller for damages for enticing away plaintiff’s husband and alienating his affections from her, etc.
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Trial at circuit. Susie Warner brought this action against Lucinda Miller for damages for enticing away plaintiff’s husband and alienating his affections from her, etc. The testimony, besides that stated in the charge to the jury, bearing on the question of enticement, was to the effect, that the defendant gave some money and a horse to the plaintiff’s husband, and cohabited with him at her own house, and (after the interview mentioned in the charge) went to the place of business of the plaintiff’s husband, and told him to meet her at a certain time and place. On the motion for a nonsuit at…
1Opinion of the CourtMacomber, J.
—In .view of the decisions upon this subject* I feel perfectly at liberty to follow my own judgment in this case as an original question, and I have not the least doubt but that this action is maintainable. It is the failure of the husband to live with his wife and his failure to support her adequately which may be said to be the direct result of the action of this defendant, and there is an injury, a loss, coupled with the direct damage, the approximate cause of which was the alienation of his affection by this woman. I do not see why such an action cannot be maintained by a woman as well as…
2Cases cited2 opinions
- Van Arnam v. AyersNew York Supreme Court · 1877
- Breiman v. PaaschNew York City Court · 1879
3Cited by10 opinions
- Haynes v. NowlinIndiana Supreme Court · 1891
- Warren v. WarrenMichigan Supreme Court · 1891
- Buchanan v. FosterAppellate Division of the Supreme Court of the State of New York · 1897
- Deitzman v. MullinCourt of Appeals of Kentucky · 1900
- Lillegren v. William J. Burns International Detective AgencySupreme Court of Minnesota · 1916
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