Sanborn v. Gale
Massachusetts Supreme Judicial Court
Tort, for the alleged alienation by the defendant of the affection of the plaintiff’s wife. Writ dated January 23, 1893. Answer: 1. A general denial. 2. The statute of limitations. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows.
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Tort, for the alleged alienation by the defendant of the affection of the plaintiff’s wife. Writ dated January 23, 1893. Answer: 1. A general denial. 2. The statute of limitations. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows. The plaintiff offered to prove that, in the latter part of the year 1876, he moved into a house owned by the defendant in Cambridge, where he remained until January 1, 1879, as tenant at will, occupying the house with his wife; that the defendant during that period called at the house with great frequency,…
1Opinion of the CourtAllen, J.
The plaintiff’s cause of action was complete at the time when he discovered his wife in the act of adultery with the defendant; and, as this was more than six years before he brought suit, the action was barred by the statute of limitations, Pub. Sts. c. 197, § 1, cl. 4, unless saved by the provisions of § 14 as to a fraudulent concealment by the defendant of the cause of action. The wife’s confession in 1892 did not disclose any subsequent adultery, or any cause of action accruing at a later date; and if it would show that she, through the procure*414ment of the defendant, had agreed to deny the…
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