Chestnut v. Sutton

Citation207 N.C. 256,176 S.E. 743
Decision Date31 October 1934
Docket NumberNo. 393.,393.
CourtUnited States State Supreme Court of North Carolina
PartiesCHESTNUT. v. SUTTON.

Appeal from Superior Court, Sampson County; Daniels, Judge.

Action by L. J. Chestnut against Albert Sutton. From an adverse judgment, defendant appeals.

No error.

See, also, 204 N. C. 476, 168 S. E. 680.

This is an action to recover damages, both actual and punitive, for the alienation of the affections of plaintiff's wife by the defendant, and for his criminal conversation with her.

The issues submitted to the jury were answered as follows:

"1. Did the defendant, Albert Sutton, alienate the affections of the plaintiff's wife, as alleged, in the complaint? Answer, Yes.

"2. Did the defendant, Albert Sutton, have immoral relations with the plaintiff's wife, as alleged in the complaint? Answer, Yes.

"3. What amount of actual damages, if any, is the plaintiff entitled to recover? Answer, $1200.00.

"4. What amount of punitive damages, if any, is the plaintiff entitled to recover? Answer, $400.00."

From judgment that plaintiff recover of the defendant the sum of $1,600, with interest and costs, the defendant appealed to the Supreme Court.

Butler & Butler, of Clinton, for appellant.

J. D. Johnson, of Clinton, for appellee.

CONNOR, Justice.

The facts alleged in the complaint are sufficient to constitute two causes of action, on either of which the plaintiff is entitled to recover of the defendant damages, both actual and punitive. Cottle v. Johnson, 179 N. C. 426, 102 S. E. 769. In that case it is said that the gravamen of the cause of action for the alienation of the affections of plaintiff's wife is the deprivation of the plaintiff of his conjugal rights to the society, affection, and assistance of his wife, and that the gravamen of the cause of action for criminal conversation is the defilement of plaintiff's wife by the defendant. In neither case is the consent of the wife a defense to a recovery by the plaintiff of the damages which he has sustained as the result of the wrongful conduct of the defendant. On each of these causes of action the plaintiff is entitled to recover of the defendant his actual damages, and in a proper case the jury may award plaintiff, in addition to his actual damages, punitive damages. Powell v, Strickland, 163 N. C. 393, 79 S. E. 872, Ann. Cas. 1915B, 709.

The evidence offered by the plaintiff, and admitted without objection by the defendant, was sufficient to sustain the allegations of the complaint. This evidence, together with the evidence offered by the defendant, was submitted to the jury under a charge which is free from error. For this reason, the judgment is...

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15 cases
  • Cannon v. Miller, 833SC908
    • United States
    • North Carolina Court of Appeals
    • December 4, 1984
    ...consent of the participating spouse is not recognized as a defense to either the action for alienation of affections, Chestnut v. Sutton, 207 N.C. 256, 176 S.E. 743 (1934), or to the action for criminal conversation, Bryant v. Carrier, The defendant submitted three affidavits in support of ......
  • Peek v. Wachovia Bank & Trust Co.
    • United States
    • North Carolina Supreme Court
    • April 13, 1955
    ...objection may not be raised for the first time after trial. Hauser v. Forsyth Furniture Co., 174 N.C. 463, 93 S.E. 961; Chestnut Sutton, 207 N.C. 256, 176 S.E. 743; Bryant v. Carrier, 214 N.C. 191, 198 S.E. 619; McIntosh, N. C. Practice and Procedure, p. Assignment No. 45 is that the court ......
  • Misenheimer v. Burris, COA04-445.
    • United States
    • North Carolina Court of Appeals
    • April 5, 2005
    ...[spouse] by the defendant.'" Johnson v. Pearce, 148 N.C.App. 199, 200, 557 S.E.2d 189, 190 (2001) (quoting Chestnut v. Sutton, 207 N.C. 256, 257, 176 S.E. 743, 743 (1934)). The goal of the remedy is to protect a spouse's interest in "`the fundamental right of exclusive sexual intercourse be......
  • Barker v. Dowdy, 595.
    • United States
    • North Carolina Supreme Court
    • December 13, 1944
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