Borden v. Fitch
New York Supreme Court
THIS was an action on the case for debauching the daughter and servant of the plaintiff, per quad servilium amisit. The declaration contained three counts. The first count was for debauching Rebecca Borden, the daughter of the plaintiff, per quad, &c. The second count was for enticing from the plaintiff’s service, and debauching her daughter, Rebecca, for the space of ten weeks, per quad, &c.
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THIS was an action on the case for debauching the daughter and servant of the plaintiff, per quad servilium amisit. The declaration contained three counts. The first count was for debauching Rebecca Borden, the daughter of the plaintiff, per quad, &c. The second count was for enticing from the plaintiff’s service, and debauching her daughter, Rebecca, for the space of ten weeks, per quad, &c. The third count stated, that Rebecca Borden resided with her mother, the plaintiff, and greatly assisted her in the business of her family ; that the defendant, by falsely representing to the said…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. Every material question in this case, turns upon the effect which the Vermont divorce shall be deemed to have upon the former marriage of the defendant. If he was thereby absolved from the marriage contract with his former wife, his second marriage was lawful, and the plaintiff could not sustain the present action; nor could her daughter, who .has been married to the defendant, be a witness. But if he was not legally divorced, his former wife being still living, his marriage with the plaintiff’s daughter was illegal and void, and she was a…
2Cases cited1 opinion
- Mills v. DuryeeSupreme Court of the United States · 1813
3Cited by150 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Earle v. McVeighSupreme Court of the United States · 1876
- Jones v. . JonesNew York Court of Appeals · 1888
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