Van Arnam v. Ayers
New York Supreme Court
DEMURRER to the complaint, assigning the following canses of demurrer; (1.) That the plaintiff has not legal capacity to sue ; (2.) That there is a defect of parties plaintiff; (3.) That the complaint does not state facts sufficient to constitute a cause of action.
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DEMURRER to the complaint, assigning the following canses of demurrer; (1.) That the plaintiff has not legal capacity to sue ; (2.) That there is a defect of parties plaintiff; (3.) That the complaint does not state facts sufficient to constitute a cause of action. The complaint states : 1. That the plaintiff is the wife of James Van Arnam. 2. That on the 15th of June, 1874, the defendant, contriving and intending to injure the plaintiff, and to deprive her of the society, help and maintenance of her said husband, and to facilitate and to cause to be continued a meretricious intercourse and…
1Opinion of the Court
Hardin, J.. This case is novel. The learned counsel have cited no authority which reveals such a state of facts; and I have not been able to find a case like it in the books.
If the action was by the husband, against the defendant, for having persuaded, advised and induced the wife ro leave and abandon her husband, there would be found cases to support it. (Addison on Torts, rol. 1, p. 9, and cases cited. Winsmore v. Greenhank, Willes' Rep., 577, decided in 1745. Hutcheson v. Peck, 5 John., 196. Barnes v. Allen, 1 Keyes, 390, 394. Hermance v. James, 32 How., 143; S. C., 47 Barb., 124. Bennett…
2Cases cited6 opinions
- Hutcheson v. PeckNew York Supreme Court · 1809
- Bennett v. SmithNew York Supreme Court · 1856
- Heermance v. JamesNew York Supreme Court · 1866
- Mann v. MarshNew York Supreme Court · 1861
- Ball v. BullardNew York Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Williams v. WilliamsSupreme Court of Colorado · 1894
- Duffies v. DuffiesWisconsin Supreme Court · 1890
- Beach v. BrownWashington Supreme Court · 1898
- Wolf v. FrankCourt of Appeals of Maryland · 1900
8 more not listed; retrieve them via the Exa API.