Holliday v. Parker
New York Supreme Court
. Appeal from an order made at, a Circuit, dismissing tlie plaintiff’s complaint upon tlie ground tliat it did not state facts sufficient •to constitute a cause of action against the defendant herein, and from the judgment entered on the said order.
Read the full summary
. Appeal from an order made at, a Circuit, dismissing tlie plaintiff’s complaint upon tlie ground tliat it did not state facts sufficient •to constitute a cause of action against the defendant herein, and from the judgment entered on the said order. The complaint alleged, as the cause of action, that the defendant’s testator did in his lifetime wrongfully, willfully, wickedly and maliciously seduce and debauch the infant daughter and servant of the plaintiff, and did thereby deprive the plaintiff of the services of his said daughter, and caused him to expend large sums of money in procuring…
1DissentLearned, P. J.
I cannot agree with the foregoing opinion.
Rights of action survive unless they are excepted by 2 R. S., m. p. 448, § 2. The question is, whether the present is “an *74action on the case for injuring to the person of the plaintiff.” If not, it survives.
The ground of action is that the plaintiff was entitled to the services of his daughter, and was deprived thereof by the wrongful act of defendant’s testator. (Knight v. Wilcox, 14 N. Y., 413.) An injury to such a right to her services is an injury to property. (Whitney v. Hitchcock, 4 Den., 461.) There is no injury whatever, to the person of the…
2Cases cited10 opinions
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Haight v. . HaytNew York Court of Appeals · 1859
- Whitney v. HitchcockNew York Supreme Court · 1847
- Bartley v. . RichtmyerNew York Court of Appeals · 1850
5 more not listed; retrieve them via the Exa API.