Hobby v. Hobby
New York Supreme Court
APPEAL from an order of the Special Term, denying a motion for a new trial. The action was brought for a divorce, and was tried at the Onondaga Circuit, in September, 1868. The principal question litigated upon the trial, was, whether the defendant had been guilty of adultery, with one Charles J. Clarke. The plaintiff’s evidence tended to show the fact of such adultery, which was contradicted by the testimony of Clarke.
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APPEAL from an order of the Special Term, denying a motion for a new trial. The action was brought for a divorce, and was tried at the Onondaga Circuit, in September, 1868. The principal question litigated upon the trial, was, whether the defendant had been guilty of adultery, with one Charles J. Clarke. The plaintiff’s evidence tended to show the fact of such adultery, which was contradicted by the testimony of Clarke. As evidence to prove the fact.of adulterous intercourse between the defendant and Clarke, the plaintiff offered in evidence, a letter written by Clarke to the defendant,…
1Opinion of the Court
By the Court, Morgan, J.
The adultery was alleged to have been committed at Memphis, in Onondaga County. While the defendant and the alleged paramour, Clarke, were boarding at the same house, and were upon admitted friendly terms with each other, the defendant left for Utica on a visit to her friends, and immediately after, Clarke, her alleged paramour, addressed her a letter, which was intercepted by her husband before it reached its destination. TMs letter was offered in evidence, not only as a confession that he was living in adulterous intercourse with the defendant, but as contradicting…
2Cases cited3 opinions
- Stephens v. . the PeopleNew York Court of Appeals · 1859
- Hubbard v. . BriggsNew York Court of Appeals · 1865
- Morrison v. MyersSupreme Court of Iowa · 1861
3Cited by8 opinions
- Hanlon v. . EhrichNew York Court of Appeals · 1904
- Whitman v. EgbertAppellate Division of the Supreme Court of the State of New York · 1898
- Billings v. AlbrightAppellate Division of the Supreme Court of the State of New York · 1901
- Witman v. EgbertAppellate Division of the Supreme Court of the State of New York · 1898
- Reynolds v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1898
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