Legal Opinion

Certwell v. Hoyt

New York Supreme Court

Decided January 15, 1876Published

Motion for a new trial, on exceptions directed to be heard in the first instance at the General Term, after a nonsuit ordered by the court. The action is brought by the plaintiff, for damages for the seduction by defendant of tjie plaintiff’s minor grandchild, and was tried at the Jefferson Circuit, in May 1874. Both parents of the child died when she was about a year old.

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Motion for a new trial, on exceptions directed to be heard in the first instance at the General Term, after a nonsuit ordered by the court. The action is brought by the plaintiff, for damages for the seduction by defendant of tjie plaintiff’s minor grandchild, and was tried at the Jefferson Circuit, in May 1874. Both parents of the child died when she was about a year old. The plaintiff, at the request of the child’s mother, before the mother’s death and subsequent to the death of the father, took her to take care of, and did from that time adopt and treat her as his own child, and she called…

1Opinion of the Court

Gilbert, J.:

This is an action for seduction. The plaintiff .is the grandfather of the female seduced. When seduced she was an infant eighteen years old. Her father died when she was fourteen months old, and her mother died two months afterward. Her mother, shortly before she died, requested the plaintiff to take the infant and take care of her. Accordingly the plaintiff brought the infant home, and she remained in his family as a daughter from that time onward until she became fifteen years old. She then began going out to service with the assent of the plaintiff, still, however, treating the…

2Cases cited6 opinions

  1. Williams v. . HutchinsonNew York Court of Appeals · 1850
  2. Clark v. FitchNew York Supreme Court · 1829
  3. Furman v. . Van SiseNew York Court of Appeals · 1874
  4. Cromwell v. BenjaminNew York Supreme Court · 1863
  5. Bracy v. KibbeNew York Supreme Court · 1859

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