Knapp v. Wing
Supreme Court of Vermont
Action on the case in which the plaintiff sought to recover for the alienation of her husband’s affections, whereby she had been deprived of his aid, comfort and society. Plea, the general issue. Trial by jury, Rutland County, September Term, 1899, Taft, C. J., presiding. It appeared that the defendant was an aunt of Eollin F. Knapp, the former husband of the plaintiff whose affections were alleged to have been alienated.
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Action on the case in which the plaintiff sought to recover for the alienation of her husband’s affections, whereby she had been deprived of his aid, comfort and society. Plea, the general issue. Trial by jury, Rutland County, September Term, 1899, Taft, C. J., presiding. It appeared that the defendant was an aunt of Eollin F. Knapp, the former husband of the plaintiff whose affections were alleged to have been alienated. The plaintiff testified that she had heard the defendant say to her husband that he should never have a cent of her property as long as he lived with the plaintiff, and she…
1Opinion of the CourtTyler, J.
I. The declaration states a cause of action, for it alleges loss of consortium as the consequence of the defendant’s wrongful acts, and the plaintiff can maintain an action in her own name under Y. S. 2647. Story and wife v. Downey and wife, 62 Vt. 243. The marriage contract between the plaintiff and her husband conferred upon her the right to his consortium, and the deprivation of that right by the acts of the defendant was a wrong for which the law should afford a remedy.
It was a maxim of the common law that for every wrong the law provided an adequate redress; but the law was consistent in…
2Cases cited8 opinions
- Foot v. CardSupreme Court of Connecticut · 1889
- Clow v. ChapmanSupreme Court of Missouri · 1894
- State v. NoakesSupreme Court of Vermont · 1897
- Fratini v. CasliniSupreme Court of Vermont · 1894
- Daley v. GatesSupreme Court of Vermont · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Alford v. United StatesSupreme Court of the United States · 1931
- State v. LittleArizona Supreme Court · 1960
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Lindsey v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- State v. FairbanksSupreme Court of Vermont · 1928
22 more not listed; retrieve them via the Exa API.