Houghton v. Rice
Massachusetts Supreme Judicial Court
Tort, by one woman against another for the alleged alienation by the defendant of the affections of the plaintiff’s husband for her. The defendant demurred to the declaration, assigning as ground therefor that it did not set forth a legal cause of action. The Superior Court overruled the demurrer, and the defendant appealed.
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Tort, by one woman against another for the alleged alienation by the defendant of the affections of the plaintiff’s husband for her. The defendant demurred to the declaration, assigning as ground therefor that it did not set forth a legal cause of action. The Superior Court overruled the demurrer, and the defendant appealed. At the trial in that court, before Hammond, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which, Hammond, J., having ceased to be a justice of that court, were allowed by Sheldon, J. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
We do not think that the declaration in this case sets forth any cause of action at common law, if the action were by the husband against another man; and no statute of this Commonwealth gives the wife any greater right than the husband in cases of this nature. The acts charged are that the defendant did “ ingratiate herself into the affections of the said Willard Houghton [the plaintiff’s husband] ; cause him incessantly to frequent her society; to give her various large sums of money; to execute to her various conveyances of property; to make large expenditures of money on her behalf; and…
2Cited by19 opinions
- Marri v. Stamford Street Railroad Co.Supreme Court of Connecticut · 1911
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Hamilton v. McNeillSupreme Court of Iowa · 1911
- Guevin v. Manchester Street RailwaySupreme Court of New Hampshire · 1916
- Wolf v. FrankCourt of Appeals of Maryland · 1900
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