Lupton v. Underwood
Superior Court of Delaware
Summons Case Action in tort by plaintiff to recover damages for the alienation of her husband’s affections, alleged to have been occasioned by the defendant, an unmarried woman. The material averments in the declaration and contentions of the parties appear in the charge. Verdict for plaintiff. Motions for a new trial and in arrest of judgment. Upon expression of opinion by the court that the verdict was excessive, the plaintiff consented to a reduction.
Read the full summary
Summons Case Action in tort by plaintiff to recover damages for the alienation of her husband’s affections, alleged to have been occasioned by the defendant, an unmarried woman. The material averments in the declaration and contentions of the parties appear in the charge. Verdict for plaintiff. Motions for a new trial and in arrest of judgment. Upon expression of opinion by the court that the verdict was excessive, the plaintiff consented to a reduction. The verdict was reduced, and the motions refused. Thereupon application was made for enlargement of time for the drawing and signing a bill…
1Opinion of the Court
Boyce, J.,
charging the jury:
Gentlemen of the jury:—This action was brought by Sadie C. Lupton, the plaintiff and wife of Ralph C. Lupton, against *537Gertrude M. Underwood, an unmarried woman, the defendant, to recover damages for an injury to the right of property of her, the plaintiff, in the affections, society, and support of her husband, alleged to have been occasioned by the defendant.
It is not denied that the plaintiff is now, and was the wife of Ralph C. Lupton at the time of the bringing of this action, and has been since March 18, A. D. 1911; and that they have lived separate and apart…
2Cases cited3 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Prettyman v. WilliamsonSuperior Court of Delaware · 1898
- Eliason v. DraperSuperior Court of Delaware · 1910
3Cited by13 opinions
- Yonner v. AdamsSuperior Court of Delaware · 1961
- Sheats v. BowenDistrict Court, D. Delaware · 1970
- Sobolewski v. GermanSuperior Court of Delaware · 1924
- Lacy v. G.D. Searle & Co.Superior Court of Delaware · 1984
- State Ex Rel. State Highway Department v. 62.96247 Acres of LandSuperior Court of Delaware · 1963
8 more not listed; retrieve them via the Exa API.