Billings v. Albright
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Albright, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 23d day of January, 1901, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 7th day of February, 1901,. denying the defendant’s motion for a new trial made upon the minutés.
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Appeal by the defendant, Frank Albright, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 23d day of January, 1901, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 7th day of February, 1901,. denying the defendant’s motion for a new trial made upon the minutés. The action was commenced on the 6th day of July, 1900, to recover damages alleged to have been sustained by the plaintiff because of the alienation of his wife’s affections caused by the adulterous…
1Opinion of the Court
McLennan, J.;
The plaintiff in his complaint alleges, in substance, that he was married to his wife on or about the 14th day of September, 1881, in the town of Webster in this State; that the defendant, willfully intending to injure the plaintiff and deprive him of the comfort, society, aid and assistance of his said wife, on the 14th day of September, 1895, and on divers other days and times after that day and within two years of and before the commencement of this action, committed adultery with her, and all. while she Was living with the plaintiff as his wife; that by reason thereof her…
2Cases cited13 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Bennett v. SmithNew York Supreme Court · 1856
- Fratini v. CasliniSupreme Court of Vermont · 1894
- Glass v. BennettTennessee Supreme Court · 1891
- Preston v. BowersOhio Supreme Court · 1861
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3Cited by5 opinions
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- Rehling v. BrainardNevada Supreme Court · 1914
- Murphy v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1907
- Weston v. WestonAppellate Division of the Supreme Court of the State of New York · 1903
- Madison v. NeuburgerNew York Supreme Court · 1927