Millar v. Thompson
New York Supreme Court
This was an action on the case for debauching the sister of the plaintiff, per qvsed sermlium amisit, tried at the Washington circuit, in June, 1827, before the lion. Reuben H. Walworth, then one of the circuit judges. The defendant was a clergyman, a widower, resident in the county of Washington. The seduced and her brother, the plaintiff, were members of the church of which the defendant was minister.
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This was an action on the case for debauching the sister of the plaintiff, per qvsed sermlium amisit, tried at the Washington circuit, in June, 1827, before the lion. Reuben H. Walworth, then one of the circuit judges. The defendant was a clergyman, a widower, resident in the county of Washington. The seduced and her brother, the plaintiff, were members of the church of which the defendant was minister. The seduced went to reside with the defendant, in the capacity of housekeeper, when she was between 22 and. 23 years of age, and' remained with him about three years and a half, when she left…
1Opinion of the Court
By the Court,
Sutherland, J.
This action cannot be maintained. It may be conceded that the plaintiff stands in loco parentis; but a parent, under the circumstances of this case, could not sustain an action for the seduction of his daughter. The female, for whose seduction this action was brought, is the sister of the plaintiff. She was, at the time of *450the seduction, about 26 years of age, and bad lived with the defendant at that time, about three years, in the capacity of house keeper. In Nickleson v. Stryker, (10 Johns. R. 117,) the court say, “As the daughter, in this case, was 29 years of…
2Cited by7 opinions
- Comer v. TaylorSupreme Court of Missouri · 1884
- Stiles v. TilfordNew York Supreme Court · 1833
- Patterson v. ThompsonSupreme Court of Arkansas · 1862
- George v. HornNew York Supreme Court · 1850
- Furman v. . Van SiseNew York Court of Appeals · 1874
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