Bunnell v. Greathead
New York Supreme Court
THIS action was for the recovery of damages against the defendant for an alleged criminal conversation with the plaintiff’s wife ; and the trial resulted in a verdict in the plaintiff’s favor for $10,000. On a case and exceptions and on affidavits, a motion was made for a new trial on the grounds : 1st. That the verdict was excessive. 2d. Of surprise. 3d. That the verdict was against the weight of evidence. 4th. Of newly discovered evidence.
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THIS action was for the recovery of damages against the defendant for an alleged criminal conversation with the plaintiff’s wife ; and the trial resulted in a verdict in the plaintiff’s favor for $10,000. On a case and exceptions and on affidavits, a motion was made for a new trial on the grounds : 1st. That the verdict was excessive. 2d. Of surprise. 3d. That the verdict was against the weight of evidence. 4th. Of newly discovered evidence. The motion was denied by Justice Babnabd, at a special term, and from this order, and the judgment entered on the verdict, the defendant appealed.
1Opinion of the Court
By the Court, Gtlbebt, J.
This was an action of crim. con., in which the plaintiff got a verdict of $10,000. The plaintiff, himself, was the only witness who testified to any act of criminal intercourse. According to his testimony he was present at the commission of one ; saw his wife leave his house, pass within four feet of him, meet the defendant, who was waiting in his (the plaintiff’s) yard, go to an otithouse with the defendant, have connection with him there, and he made no effort to prevent it, but crawled to a place, at a distance of eight or twelve feet from this outhouse, and there…
2Cases cited2 opinions
- Travis v. BargerNew York Supreme Court · 1857
- Seagar v. SligerlandNew York Supreme Court · 1804
3Cited by8 opinions
- Prettyman v. WilliamsonSuperior Court of Delaware · 1898
- Cross v. GrantSupreme Court of New Hampshire · 1883
- Karger v. KargerNew York Supreme Court · 1897
- Milewski v. KurtzSupreme Court of New Jersey · 1908
- Schorn v. BerryNew York Supreme Court · 1892
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