Hutcheson v. Peck
New York Supreme Court
THIS was an action of trespass on the case, for enticing away the wife of the plaintiff, and continuing to separate the plaintiff’s wife from him, whereby he lost her services and his comfort, &c.
Read the full summary
THIS was an action of trespass on the case, for enticing away the wife of the plaintiff, and continuing to separate the plaintiff’s wife from him, whereby he lost her services and his comfort, &c. The cause was tried at the Dutchess circuit, on the 17th September, 1808, before Mr. Justice Van Ness. ' At the trial, it was proved that the plaintiff and his wife, who is the daughter of the defendant, were married at her father’s house, and with his consent j and that they lived together at the defendant’s house, for 8 or 10 months after the marriage. Joseph Conklin, a witness for the plaintiff,…
1Opinion of the CourtVan Ness, J.
That an action will lie by the husband against any person who unlawfully persuades, and procures his wife to live apart from him, is not to be denied. There is, however, a feature in the present case, which distinguishes it, in point of fact, from any other that has come under my observation. The suit is against the father of the wife. That circumstance, however, cannot vary the rights of the husband ; nor take this case out of the general principles which form the basis of this action.
The first question which is presented for consideration, is, whether the defendant has caused the separation…
2Cited by48 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Kujek v. . GoldmanNew York Court of Appeals · 1896
- Fitch v. ValentineMississippi Supreme Court · 2007
- Rice v. RiceMichigan Supreme Court · 1895
- MC GRADY v. RosenbaumAppellate Division of the Supreme Court of the State of New York · 1970
43 more not listed; retrieve them via the Exa API.