Smith v. Young
Missouri Court of Appeals
Appeal from the Dent County Circuit Court, C. C. BlaND, Judge. To constitute seduction' the defendant must have used insinuating arts to overcome the opposition of the seduced, and must, by his wiles and persuasion, without force, have debauched her. 5 Wait’s Actions and Defenses, 655; Hogan v. Qregan, 6 Robt. [N. Y.] 138; Belvee v. Boardman, 20 Iowa, 446; Bell v. RinTcer, 29' Ind. 267; Broughton v. Smart, 59 Ill. 440. Corroborative evidence upon immaterial matters should…
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Appeal from the Dent County Circuit Court, C. C. BlaND, Judge. To constitute seduction' the defendant must have used insinuating arts to overcome the opposition of the seduced, and must, by his wiles and persuasion, without force, have debauched her. 5 Wait’s Actions and Defenses, 655; Hogan v. Qregan, 6 Robt. [N. Y.] 138; Belvee v. Boardman, 20 Iowa, 446; Bell v. RinTcer, 29' Ind. 267; Broughton v. Smart, 59 Ill. 440. Corroborative evidence upon immaterial matters should not be permitted. Ritter v. Banlc, 87 Mo. 574; The State v. Brassfield, 81 Mo. 151. If proof of seduction is necessary, in…
1Opinion of the CourtRombatjer, J.
This is an action instituted by a father and master to recover damages for the debauching of his daughter, a girl sixteen years old. The petition states that the defendant “debauched and.carnally knew said daughter, whereby she became pregnant with child, and the plaintiff, besides losing her services, and comfort of her society, was compelled to incur an expense of fifty dollars for her delivery, care, and nursing.”
The answer was a general denial. A trial before a jury resulted in a verdict for the plaintiff in the sum of six hundred and fifty dollars, and- the defendant appeals.
The errors…
2Cases cited9 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871
- Marshall v. Thames Fire InsuranceSupreme Court of Missouri · 1869
- Comer v. TaylorSupreme Court of Missouri · 1884
- State v. BrassfieldSupreme Court of Missouri · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. ClawsonMissouri Court of Appeals · 1888
- Hartman v. McCraryMissouri Court of Appeals · 1894
- Newman v. Western Union Telegraph Co.Missouri Court of Appeals · 1893
- Watkins v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1891
- Carder v. PrimmMissouri Court of Appeals · 1895
3 more not listed; retrieve them via the Exa API.