Judah v. Goldsmith, No. 12895.

Docket NºNo. 12895.
Citation164 N.E. 496, 90 Ind.App. 81
Case DateJanuary 10, 1929
CourtCourt of Appeals of Indiana

90 Ind.App. 81
164 N.E. 496

JUDAH
v.
GOLDSMITH.

No. 12895.

Appellate Court of Indiana, in Banc.

Jan. 10, 1929.


Appeal from Johnson Circuit Court; Fremont Miller, Judge.

Action by Charles J. Goldsmith against J. William Judah. Judgment for plaintiff, and defendant appeals. Affirmed.


[164 N.E. 497]

Instructions 12, 16, and 23, challenged by defendant, were as follows:

(12) “This is an action by the husband for the alienation of his wife's affections, and in such action the wife of the plaintiff is not a competent witness and is excluded from testifying, and I instruct you that no inference should be drawn by you for or against either party to this suit from the fact that the plaintiff's wife has not testified in this case.”

(16) “It is the law that where one spouse voluntarily gives her affections to another, when such other person does nothing wrongfully to win her affections, then no ground of liability attaches against such other person. Also, if a man gives presents to another man's wife and pays her other attentions by and with the consent of such woman's husband, with no evil intents, and not intending to alienate her affections from her husband, such husband cannot recover against such person even though as a consequence of such acts his wife conceived a fondness and affection for such other party.

“But where a man's conduct was the controlling cause which led to the estrangement of another man's wife then there would be liability against such party which caused such estrangement.”

(23) “In a case of this kind you may also add to his damages, if any, such amount of exemplary or punitive damages by way of punishment, as you in your judgment may deem right and proper.

“And you may also consider some facts in mitigation or in reduction of damages in cases of this character. So if you find from the evidence there was adultery between the defendant and plaintiff's wife you may consider whether the wife was sought and importuned by the defendant or whether she

[164 N.E. 498]

threw herself in his way and whether she was overcome by persuasion or whether she yielded willingly; “if you believe from the evidence that she willingly and readily assented to such relationship with the defendant this will be a proper matter for your consideration in mitigation or reduction of the damages in this case, if any. Or if you believe from the evidence that prior to such relationship with the defendant, if you find there was such relationship, she entertained little or no affection for her husband and was cold and indifferent towards him by reason of her husband's actions toward her or from any cause or circumstance not produced by the defendant in the case, then you may properly consider such fact in mitigation or reduction of the damages, if any, in this case.”

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7 practice notes
  • Glover v. State, No. 49S02-0502-CR-56.
    • United States
    • Indiana Supreme Court of Indiana
    • November 2, 2005
    ...seduction of his wife. Bechert v. Lehe, 161 Ind.App. 454, 457, 316 N.E.2d 394, 397 (1974) (dead man's statute issue); Judah v. Goldsmith, 90 Ind.App. 81, 83, 164 N.E. 496, 498 (1929) (seduction); Mainard v. Beider, 2 Ind.App. 115, 116, 28 N.E. 196, 197 (1891) In the 1800s a third doctrine a......
  • Tice v. Mandel, No. 7558
    • United States
    • United States State Supreme Court of North Dakota
    • March 22, 1956
    ...fixing compensation in actions of this kind. 27 Am.Jur., Husband and Wife, Damages, Sec. 543, p. 142. In the case of Judah v. Goldsmith, 90 Ind.App. 81, 164 N.E. 496, it was held that the jury's award of damages for alienation of wife's affections will seldom be interfered with in absence o......
  • Reverse Mortg. Solutions, Inc. v. Supervised Estate of Holman, No. 29A05–1212–ES–660.
    • United States
    • Indiana Court of Appeals of Indiana
    • September 24, 2013
    ...might have presented. Parker v. Obenchain, 140 Ind. 211, 39 N.E. 869;Bates v. Spooner, 45 Ind. 489;Carver v. Carver, 97 Ind. 497.164 N.E. at 496. We express no opinion on whether the order granting the successor personal representative's petition to approve the sale of the residential real ......
  • Bradofrd v. First National Bank, 13,288
    • United States
    • Indiana Court of Appeals of Indiana
    • January 10, 1929
    ...will set out in said complaint, appellee had no knowledge, save only from the averments in such complaint in reference thereto, but [164 N.E. 496] is reliably informed, and has good reason to believe, and so charges the fact to be, that appellants have had said alleged will in their possess......
  • Request a trial to view additional results
7 cases
  • Glover v. State, No. 49S02-0502-CR-56.
    • United States
    • Indiana Supreme Court of Indiana
    • November 2, 2005
    ...seduction of his wife. Bechert v. Lehe, 161 Ind.App. 454, 457, 316 N.E.2d 394, 397 (1974) (dead man's statute issue); Judah v. Goldsmith, 90 Ind.App. 81, 83, 164 N.E. 496, 498 (1929) (seduction); Mainard v. Beider, 2 Ind.App. 115, 116, 28 N.E. 196, 197 (1891) In the 1800s a third doctrine a......
  • Tice v. Mandel, No. 7558
    • United States
    • United States State Supreme Court of North Dakota
    • March 22, 1956
    ...fixing compensation in actions of this kind. 27 Am.Jur., Husband and Wife, Damages, Sec. 543, p. 142. In the case of Judah v. Goldsmith, 90 Ind.App. 81, 164 N.E. 496, it was held that the jury's award of damages for alienation of wife's affections will seldom be interfered with in absence o......
  • Reverse Mortg. Solutions, Inc. v. Supervised Estate of Holman, No. 29A05–1212–ES–660.
    • United States
    • Indiana Court of Appeals of Indiana
    • September 24, 2013
    ...might have presented. Parker v. Obenchain, 140 Ind. 211, 39 N.E. 869;Bates v. Spooner, 45 Ind. 489;Carver v. Carver, 97 Ind. 497.164 N.E. at 496. We express no opinion on whether the order granting the successor personal representative's petition to approve the sale of the residential real ......
  • Bradofrd v. First National Bank, 13,288
    • United States
    • Indiana Court of Appeals of Indiana
    • January 10, 1929
    ...will set out in said complaint, appellee had no knowledge, save only from the averments in such complaint in reference thereto, but [164 N.E. 496] is reliably informed, and has good reason to believe, and so charges the fact to be, that appellants have had said alleged will in their possess......
  • Request a trial to view additional results

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