Barnes v. Allen
New York Court of Appeals
Henry M. Barnes sued Thomas N. Allen, in the supreme court, to recover damages against defendant, for maliciously enticing and carrying away his wife. On the trial, plaintiff proved that one morning in March, 1857, defendant came with ahorse and wagon and stopped in front of plaintiff’s house, when plaintiff’s wife came out, got into the wagon, Avith one of her children, and was taken by the defendant to the residence of her father.
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Henry M. Barnes sued Thomas N. Allen, in the supreme court, to recover damages against defendant, for maliciously enticing and carrying away his wife. On the trial, plaintiff proved that one morning in March, 1857, defendant came with ahorse and wagon and stopped in front of plaintiff’s house, when plaintiff’s wife came out, got into the wagon, Avith one of her children, and was taken by the defendant to the residence of her father. A confession made by defendant was also proved, by which it appeared that the night before he carried away the plaintiff’s wife, she had gone to defendant’s house…
1Opinion of the Court
By the Court.
T. A. Johnson, J.
The theory upon which the case was submitted to the jury by the justice at the circuit, was, that if the defendant went by appointment and took the plaintiff’s wife away to her father’s, even though he *114went at her request, and acted in the honest belief that her statements in regard to her treatment and her apprehensions as to her personal safety were true, the act would not be justifiable ; but that the defendant, in order to justify the act, must go further, and prove that her complaints were true in point of fact. The jury were told expressly chat if the…
2Cases cited4 opinions
- Hutcheson v. PeckNew York Supreme Court · 1809
- Credit v. BrownNew York Supreme Court · 1813
- Turner v. EstesMassachusetts Supreme Judicial Court · 1807
- Schuneman v. PalmerNew York Supreme Court · 1848
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- Perry v. LoyejoyMichigan Supreme Court · 1883
- Van Arnam v. AyersNew York Supreme Court · 1877
- Hollister v. ValentineAppellate Division of the Supreme Court of the State of New York · 1902
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