Homburger v. Homburger

The evidence is insufficient. There is no testimony that the defendant had the venereal disease, or that the same was communicated to plaintiff by the defendant. In Collett agt. Collett (Jud. Com. of Privy Council, Wadd. Dig., 38, overruling 1 Curt. Ec., 678, 686), it was distinctly held that the adultery of the husband cannot be inferred from the mere fact of the wife’s being tainted with venereal disease, although she herself is not even suspected of adultery; that the existence of such disease in the wife is consistent, 1, with the adultery of the husband; 2, with her own adultery; and 3,…