Morgan v. Martin

• Decision Date: 29 November 1898
• Citation: 42 A. 354,92 Me. 190
• Parties: MORGAN v. MARTIN.
• Court: Maine Supreme Court

42 A. 354

92 Me. 190

MORGAN

v. MARTIN.

Supreme Judicial Court of Maine.

Nov. 29, 1898.

(Official.)

Exceptions from supreme judicial court, Androscoggin county.

Action by Dora L. Morgan against Sophie Martin. A demurrer to the declaration was sustained, and plaintiff excepts. Overruled.

Case for alienating the affections of the plaintiff's husband.

"Declaration.

"In a plea of the case, for that whereas, the said defendant unjustly contriving and intending to injure the plaintiff and to deprive her of the aid, comfort, and society of her husband, Howard E. Morgan, and to alienate his affections from her, heretofore, on or about the 1st day of July, A. D. 1897, and divers other days between that day and the day of the purchase of this writ, at said Auburn, wrongfully, willfully, and maliciously did entice away the said Howard E. Morgan from his home and family, and from the society of his said wife, the plaintiff, and did wrongfully persuade the said Howard E. Morgan to go to the home of the said defendant, and there remain for a long space of time on divers days between the said 1st day of July and the date of the purchase of this writ; the said defendant well knowing that during said times aforesaid the said Howard E. Morgan was the lawful husband of the said plaintiff, and was living with the said plaintiff as such, until persuaded by the defendant to leave his said wife and his home and family, whereby, and by reason of the acts of the said defendant, the said husband, Howard E. Morgan, did leave and desert his said wife, and went to the home of the said defendant, and has never since returned to his said wife, although entreated so to do; and thereby the affections of the said Howard E. Morgan, for his said wife, the plaintiff, have been wholly alienated and destroyed; by means whereof the said plaintiff has wholly lost the comfort society, and assistance of her said husband, Howard E. Morgan, in her domestic affairs, which the said plaintiff ought to have, and otherwise would have; to the damage of the said plaintiff, as she says, the sum of $5,000."

The court having sustained a demurrer to the declaration, the plaintiff took exceptions.

Argued before PETERS, C. J., and EMERY,

HASKELL, STROUT, and SAVAGE, JJ.

D. J. McGillicuddy and P. A. Morey, for plaintiff.

Tascus Atwood, for defendant.

STROUT, J. This is an action by a married woman against another woman for alienating the affections of plaintiff's husband. The cause comes up on...