Hamilton v. Lomax
New York Supreme Court
Motion to discharge defendant from arrest. This was a civil action brought by the complainant, in the case of The People a. Lomax, supra, to recover damages from the same defendant on the same facts. The defendant was arrested at the commencement of the action, and moved, upon affidavits, to be discharged.
1Opinion of the CourtIngraham, J.
No complaint is submitted on the motion, if any has been served, and it is difficult to say whether the arrest was originally intended to have been for a breach of promise of marriage, or for seduction. Hpon the argument of the motion, the plaintiff’s counsel stated it was not for the breach of promise of marriage, and sought to sustain it for the seduction.
The evidence so fully establishes the infancy of the defendant that no attempt has been made to contradict it, and this fact has probably led to the abandonment of any proceeding for the breach of such a promise. The cases of Hunt v. Peck…
2Cases cited2 opinions
- Whipple v. Cumberland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1843
- Hunt v. PeakeNew York Supreme Court · 1826
3Cited by13 opinions
- Fearon v. TreanorNew York Court of Appeals · 1936
- Graham v. WallaceAppellate Division of the Supreme Court of the State of New York · 1900
- Ingwaldson v. SkrivsethNorth Dakota Supreme Court · 1898
- Getzelson v. BernsteinCity of New York Municipal Court · 1896
- Rosenberg v. LewisAppellate Division of the Supreme Court of the State of New York · 1924
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