61 F.Supp. 701 (N.D.Ill. 1945), 45 C 672, Daily v. Parker

Docket Nº:45 C 672.
Citation:61 F.Supp. 701
Party Name:DAILY v. PARKER.
Case Date:June 29, 1945
Court:United States District Courts, 7th Circuit, Northern District of Illinois

Page 701

61 F.Supp. 701 (N.D.Ill. 1945)




No. 45 C 672.

United States District Court, N.D. Illinois

June 29, 1945

Page 702

Urban A. Lavery, of Chicago, Ill., for plaintiff.

Eckert & Peterson, of Chicago, Ill., for defendant.

SULLIVAN, District Judge.

On May 10, 1945, plaintiff filed her complaint in this court asking damages in tort in the sum of $300,000. Jurisdiction is invoked on the ground that plaintiff is a citizen and resident of Oil City, Pennsylvania, and defendant is a citizen and resident of Chicago, Illinois, and the amount involved exceeds the sum of $3000, exclusive of interest and costs.

Count I of the complaint is entitled enticement, and sets out that for several years prior to February 9, 1944, defendant, a woman of great wealth, illegally and maliciously induced Wilfred J. Daily, the husband of plaintiff, to consort and associate with her; and on or about February 9, 1944, defendant enticed and induced the said Wilfred J. Daily to desert and abandon his wife and four minor children, and to remain away from their home in Oil City, Pennsylvania, and to constantly and continually live and associate with defendant in sundry other cities and places, particularly in the City of Chicago. That by reason of the illegal and malicious acts and doings of defendant, plaintiff's family life has been destroyed and all imponderables have been and will continue to be denied her; that the said Wilfred J. Daily has defaulted and failed in his financial duty and responsibility to plaintiff and to their children; except that after criminal non-support proceedings on behalf of plaintiff and her children were instituted against him in Pennsylvania, and a criminal extradition warrant presented to the Governor of Illinois, Wilfred J. Daily paid to plaintiff at various times a total of $500, which payments plaintiff believes will cease when such extradition proceedings are heard and determined. That Wilfred J. Daily refuses to leave defendant and return to live with his wife and children. Count II asks damages for alienation of affection, and Count III charges criminal conversation.

Defendant has filed a motion to strike and dismiss the complaint on the ground that Counts I and II are each in substance a claim for alienation of the affections of plaintiff's spouse, and Count III charges criminal conversation, all of which actions are barred by the...

To continue reading