Holliday v. Parker
New York Supreme Court
. Appeal from an order made at, a Circuit, dismissing tlie plaintiff’s complaint upon tlie ground tliat it did not state facts sufficient •to constitute a cause of action against the defendant herein, and from the judgment entered on the said order.
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. Appeal from an order made at, a Circuit, dismissing tlie plaintiff’s complaint upon tlie ground tliat it did not state facts sufficient •to constitute a cause of action against the defendant herein, and from the judgment entered on the said order. The complaint alleged, as the cause of action, that the defendant’s testator did in his lifetime wrongfully, willfully, wickedly and maliciously seduce and debauch the infant daughter and servant of the plaintiff, and did thereby deprive the plaintiff of the services of his said daughter, and caused him to expend large sums of money in procuring…
1Opinion of the Court
Bockes, J.:
‘ Ye are of the opinion that the decision in Wade v. Kalbfleisch, (58 N. Y., 282) sustains the ruling of the learned judge at the Circuit. The reasoning of the court in .the case cited seems entirely conclusive of the question here presented. The action in that case was based on contract — contract of marriage. It was held that notwithstanding this, the action in its essential and controlling features *72was in tort for an injury to tlie person of tlie plaintiff, lienee that it abated, on the defendant’s decease, and could not be revived against his executors or administrators.
The…
2Cases cited7 opinions
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Lipe v. . EisenlerdNew York Court of Appeals · 1865
- Butler v. New York & Erie Rail RoadNew York Supreme Court · 1866
- Badgley v. DeckerNew York Supreme Court · 1865
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