Tucker v. Dudley
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, Eugene B. Dudley, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of January, 1907, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s , office nunc pro tunc as of the - 23d day of January, 1907. denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
This action was brought to recover damages from the defendant by the plaintiff for alienation of his wifé’s affections. The issues of fact were closely contested. ' The evidence given by the respective parties is so conflicting and at variance that the learned trial justice felt called upon to say to the jury that if they believed the testimony adduced on the part of the plaintiff, they could not believe the ..testimony adduced on the part of the defendant. The case was, therefore, one peculiarly within the province of the jury to determine.. The defendant’s case rested upon the…
2Cases cited1 opinion
- Clark v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1908
3Cited by1 opinion
- Hammelmann v. BernhardtAppellate Division of the Supreme Court of the State of New York · 1910