George v. Horn
New York Supreme Court
This was an action brought by a mother, for the seduction of her daughter Eliza George, and was tried at the Tompkins court, in September, 1849. The daughter was over-thirty years of age at the time of the illicit connection which resulted in the birth of a child, in May, 1849. At the time of the illicit intercourse her father was alive, but he died a few months after, and before the birth of the child.
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This was an action brought by a mother, for the seduction of her daughter Eliza George, and was tried at the Tompkins court, in September, 1849. The daughter was over-thirty years of age at the time of the illicit connection which resulted in the birth of a child, in May, 1849. At the time of the illicit intercourse her father was alive, but he died a few months after, and before the birth of the child. The daughter had generally resided at home, but at the time of the seduction she was residing for a short time with her brother, at his residence in the same town, taking charge of his family;…
1Opinion of the Court
By the Court, Shankland, J.
The father of Eliza George being alive at the time of her seduction, it is urged by the defendant’s counsel that the mother can not maintain this action; but that if any one can maintain a suit, under the circumstances of this case, it must be the legal representatives of the deceased father ; or the brother, in whose house and service she was, at the time of the seduction.
The executors, or administrators of a deceased father, or master,' can not maintain this action for the seduction of his daughter and servant in his lifetime. As well might an action lie, in their…
2Cases cited5 opinions
- Hewit v. PrimeNew York Supreme Court · 1839
- Logan v. MurraySupreme Court of Pennsylvania · 1820
- De Longuemere v. New-York Fire InsuranceNew York Supreme Court · 1813
- Millar v. ThompsonNew York Supreme Court · 1828
- Stiles v. TilfordNew York Supreme Court · 1833
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