Allen v. Besecker
New York Supreme Court
Motion under section 545 of the Code of Civil Procedure to strike out certain allegations of the answer as impertinent, irrelevant, redundant and scandalous.
1Opinion of the CourtWheeler, J.
This action was brought to recover damages for the alleged debauching of the plaintiff’s wife and the alienation of her affections and alleges that thereby the plaintiff has suffered great distress in body and mind. The answer consists, first, of a general denial. It then proceeds to set up as a partial and separate defense various alleged offenses on the part of the plaintiff. Among other things, it alleges the commission on his part of various acts of adultery; that the plaintiff 'had no love or affection for his wife and threatened her with personal violence and other brutality, and…
2Cases cited3 opinions
- Ford v. JonesNew York Supreme Court · 1871
- Smith v. MastenNew York Supreme Court · 1836
- Smith v. MatthewsNew York Supreme Court · 1897
3Cited by3 opinions
- Johnson v. RichardsIdaho Supreme Court · 1930
- Osterheld v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Lynch v. FiggeAppellate Division of the Supreme Court of the State of New York · 1920