Baker v. Baker
New York Supreme Court
Motion for a new trial. Anna Baker sued Henry Baker, for damages, for maliciously and wrongfully enticing away plaintiff’s husband and thereby depriving her of the comfort, protection and benefit of his society and companionship. The plaintiff had a verdict, and defendant moved ' for a new trial on a case and exceptions.
1Opinion of the Court
Martin J.—[After stating the facts.]
The defendant contends that the action cannot be maintained ; that no right of action exists, either at common law or by statute, in favor of a wife against a third person for enticing her husband away from her, or depriving her of the comfort of his society. ■ This presents the most important question which arises on this motion.
That a husband can maintain an action for the wrongful and malicious enticing away of his wife, is abundantly established by authority. This was conceded on the argument. But the defendant insists that such an action was based upon…
2Cases cited9 opinions
- Bigaouette v. PauletMassachusetts Supreme Judicial Court · 1883
- Heermance v. JamesNew York Supreme Court · 1866
- Michael v. DunkleIndiana Supreme Court · 1882
- Van Arnam v. AyersNew York Supreme Court · 1877
- M'Intosh v. M'IntoshNew York Supreme Court · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Williams v. WilliamsSupreme Court of Colorado · 1894
- Duffies v. DuffiesWisconsin Supreme Court · 1890
- Haynes v. NowlinIndiana Supreme Court · 1891
- Lockwood v. LockwoodSupreme Court of Minnesota · 1897
- Stanley v. StanleyWashington Supreme Court · 1902
6 more not listed; retrieve them via the Exa API.