Bennett v. . Bennett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made J.uly 1, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. This action is one affecting the property rights of plaintiff separately and independently of her husband.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made J.uly 1, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. This action is one affecting the property rights of plaintiff separately and independently of her husband. (Code Civil Pro. § 450.) To destroy all that a woman expects from the marriage relation must be a wrong done her; that wrong must have its…
1Opinion of the Court
The plaintiff, a married woman, brought this action to recover damages from the defendant for enticing away her husband, and depriving her of his comfort, aid, protection and society. The defendant insists that neither at common law nor under the act concerning the rights and liabilities of husband and wife can such an action be maintained. It was provided by that statute that any married woman might, while married, sue and be sued in all matters having relation to her sole and separate property, and that she might maintain an action in her own name, for damages, against any person or body…
2Cases cited13 opinions
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Bigaouette v. PauletMassachusetts Supreme Judicial Court · 1883
- Hutcheson v. PeckNew York Supreme Court · 1809
- Fitzgerald v. . QuannNew York Court of Appeals · 1888
- Logan v. LoganIndiana Supreme Court · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by117 opinions
- Strock v. PressnellOhio Supreme Court · 1988
- Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
- Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
- Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
- Peter Igneri and Theresa Igneri v. Cie. De Transports OceaniquesCourt of Appeals for the Second Circuit · 1963
112 more not listed; retrieve them via the Exa API.