Sargent v.
New York Supreme Court
Case for seduction, tried at Otsego Circuit, February 12th, 1824, before Nelson, C. Judge. The declaration was entitled of May term, 1822; and stated that Eliza Bowen, the daughter of the plaintiff, a widow, was, September 27th, 1816, (then aged eleven years, three months, and three days,) bound by indenture, as servant to P. F. of the town of Butternuts, in Otsego county, till eighteen years of age; that she was debauched by the defendant, May 31st, 1821, while at service…
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Case for seduction, tried at Otsego Circuit, February 12th, 1824, before Nelson, C. Judge. The declaration was entitled of May term, 1822; and stated that Eliza Bowen, the daughter of the plaintiff, a widow, was, September 27th, 1816, (then aged eleven years, three months, and three days,) bound by indenture, as servant to P. F. of the town of Butternuts, in Otsego county, till eighteen years of age; that she was debauched by the defendant, May 31st, 1821, while at service with P. F. under the indentures; and becoming pregnant, the indentures were cancelled by the parties, August 18th, 1821,…
1Opinion of the CourtSutherland, J.
This is an application for a new trial on the following grounds :
1. That the action cannot be sustained by the mother, (the present plaintiff) at all, because the daughter, at the time when the alleged injury was committed, was an indented apprentice, and in the actual service of her master ; and the subsequent cancelling of the indentures could not transfer the right of action, which previously belonged to the master, to the mother.
2. That the verdict is against the weight of evidence; and
3. That the damages are excessive.
A new trial is also moved for on the ground of newly dis covered…
2Cases cited10 opinions
- Coleman v. SouthwickNew York Supreme Court · 1812
- Hutcheson v. PeckNew York Supreme Court · 1809
- Martin v. PayneNew York Supreme Court · 1812
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- Shumway v. FowlerNew York Supreme Court · 1809
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3Cited by7 opinions
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- Broadway Building Co. v. SaladinoCity of New York Municipal Court · 1913
- Gray v. . DurlandNew York Court of Appeals · 1873
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