In re Warth
Court of Appeals for the Second Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Eastern District of New York; Van Vechten Veeder, Judge. In the matter of bankruptcy proceedings of Charles F. Warth.
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Petition for Revision of Proceedings of the District Court of the United States for the Eastern District of New York; Van Vechten Veeder, Judge. In the matter of bankruptcy proceedings of Charles F. Warth. Petition by Elsa Guttfreund to revise an order of the District Court of the’Eastern District of New York (196 Eed. 571), denying her application to vacate an order restraining a judgment obtained against the bankrupt in an action for breach of marriage promise, accompanied by seduction.
1Opinion of the Court
NOYES, Circuit Judge.
The District Court properly restrained the petitioner from enforcitxg her judgment in case, but only in case, it was dischargeable. And whether it were dischargeable depends upon the real nature of the action in which the judgment was obtained. Its form was immaterial.
The action was in form for breach of promise to marry. The seduction was in form but an aggravation of the damage. The strict rule of the common law that a woman who consents cannot complain directly of the greatest possible wrong, had to be adhered to. But the action while in form upon contract was in…
2Cited by2 opinions
- In Re RidderCourt of Appeals for the Second Circuit · 1935
- In re GroundsDistrict Court, N.D. New York · 1914