Legal Opinion

Kendrick v. McCrary

Supreme Court of Georgia

Decided July 15, 1852No. 70PublishedCited by 7 opinions

Trespass on the case, in Stewart Superior Court. Tried before Judge Iverson, on motion for new trial, April Term, 1852. This was an action on the case, brought by Isaac McCrary, against John B. Kendrick, for the seduction of plaintiff’s daughter, per quod servitiam amisit.

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Trespass on the case, in Stewart Superior Court. Tried before Judge Iverson, on motion for new trial, April Term, 1852. This was an action on the case, brought by Isaac McCrary, against John B. Kendrick, for the seduction of plaintiff’s daughter, per quod servitiam amisit. The Jury returned a verdict for the plaintiff for $1,049; whereupon, defendant’s counsel moved for a new trial, on the ground “ that the finding of the JmW was contrary to law and evidence submitted, in this, viz: that it was proven at the trial, that the daughter of plaintiff was twenty-one years of age at the time the…

1Opinion of the Court

By the Court.

Lompkin J.

delivering the opinion.

This was an action of trespass on the case, instituted in the Superior Court of Stewart County, by Isaac McCrary against John B. Kendrick, for the seduction of plaintiff’s daughter. The Jury returned a verdict for $1,049 ; and a new trial is asked, on the grounds that the daughter was twenty-one years old at the time the injury occurred, and there was no contract of service between her and her father; that the service rendered was voluntary. And it is contended that the father could not sue for, and recover damages, for the loss of that which he…

2Cases cited2 opinions

  1. Tillotson v. CheethamNew York Supreme Court · 1808
  2. Treat v. BrowningSupreme Court of Connecticut · 1822

3Cited by7 opinions

  1. King v. TownsCourt of Appeals of Georgia · 1960
  2. McBride Ex Rel. Estate of McBride v. General Motors Corp.District Court, M.D. Georgia · 1990
  3. Franklin v. HillSupreme Court of Georgia · 1994
  4. Mosley v. LynnSupreme Court of Georgia · 1931
  5. Odum v. BergmanCourt of Appeals of Georgia · 1932

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