Millspaugh v. Potter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles O. Potter, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 20th day of ¡November, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of ¡November, 1899, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Charles O. Potter, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 20th day of ¡November, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of ¡November, 1899, denying the defendant’s motion for a new trial made upon the minutes. In the complaint the defendant is charged with alienating the affections of plaintiff’s wife and enticing her from him. In the answer is contained a general denial and a partial defense, to wit, that the…
1Opinion of the Court
Smith, J.:
The wrong for which the defendant has been charged is an intentional alienation of the affections of the plaintiff’s wife. The measure of the damage done is the extent to which such affections have beén alienated by the wrongful act of the defendant. After proof of defendant’s wrongful act, the jury might reasonably presume that such alienation of affections as was' found was the result of defendant’s wrong. The defendant, therefore, had. the right to offer' evidence to prove that the affections of the plaintiff’s wife were not alienated, or not wholly alienated, by any act of his,…
2Cases cited3 opinions
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