Legal Opinion

Pratt v. . Andrews

New York Court of Appeals

Decided April 5, 1851PublishedCited by 16 opinions

Appeal from the supreme court of the sixth district. This was an action for criminal conversation with the plaintiff’s wife, charging that the same took place at different times during a [494] period of eight or nine months, while ,ue defendant was attending her as a physician.

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Appeal from the supreme court of the sixth district. This was an action for criminal conversation with the plaintiff’s wife, charging that the same took place at different times during a [494] period of eight or nine months, while ,ue defendant was attending her as a physician. The answer did not deny the adultery charged in the complaint, but set up as a defence that the improper intercouse took place through the connivance, with the knowledge, and by the consent of the plaintiff. On the trial the plaintiff gave no evidence of the adultery, as it was admitted by the pleadings. The defendant…

1Opinion of the Court

Bronson, Ch. J.

The general rule is so well settled that authorities need not be cited to prove it, that a party to a civil suit can only give evidence of the good character of himself, his wife, servant or witness, in answer to impeaching evidence on the other side: and I do not find that an exception to the rule has ever been made in actions of this kind. There is a passage in Buller’s Nisi Prius, (p. 27,) to the effect that in the action for adultery, the plaintiff may give evidence of the prior good character of the wife; but no authority is cited in support of the saying; and if the…

2Cases cited3 opinions

  1. Gough v. St. JohnNew York Supreme Court · 1837
  2. Ruan v. PerryNew York Supreme Court · 1805
  3. Houghtaling v. KelderhouseNew York Supreme Court · 1848

3Cited by16 opinions

  1. Ward v. BrownWest Virginia Supreme Court · 1903
  2. Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
  3. Noonan v. . LutherNew York Court of Appeals · 1912
  4. Fahey v. CrottyMichigan Supreme Court · 1886
  5. Young v. . JohnsonNew York Court of Appeals · 1890

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