Manwarren v. Mason
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by Iva Manwarren against Mary J. Mason to recover damages for the alleged alienation of the affections of plaintiff’s husband, George W. Manwarren. The defense was general denial. Judgment was entered on a verdict for $2,358.33 in favor of plaintiff, and defendant appeals.
1Opinion of the CourtHardin, P. J.
According to the decision made by this court in Bennett v. Bennett, affirmed 116 N. Y. 584, 23 N. E. 17, the plaintiff is entitled to maintain an action against one who has enticed her husband from her, alienated his affections, and deprived her of his society. In Jaynes v. Jaynes, 39 Hun, 40, it was held “that a wife has a right to the conjugal society of her husband, for the willful violation of which by a third person she may maintain an action in her own name.” After a careful perusal of the evidence, we are of the opinion that it was the duty of the trial judge to submit the question of…
2Cases cited5 opinions
- Bennett v. . BennettNew York Court of Appeals · 1889
- Erben v. . LorillardNew York Court of Appeals · 1859
- Hobby v. HobbyNew York Supreme Court · 1869
- Root v. . BorstNew York Court of Appeals · 1894
- Boues v. SteffensNew York Supreme Court · 1891
3Cited by1 opinion
- Witman v. EgbertAppellate Division of the Supreme Court of the State of New York · 1898