General
Una Goslin, Respondent, v. Annie Irene Magher, Appellant
141 A.D. 926·New York Supreme Court, Appellate Division·1910·NY
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Opinion
Una Goslin, Respondent, v. Annie Irene Magher, Appellant.
Husband and wife — abandonment.
Appeal from a judgment entered on the 12th day of January, 1909, upon the verdict of a jury for §50 000.
Judgment and order affirmed, with costs.
[MAJORITY]
No opinion. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ. Ingraham, P. J., and Clarke, J., dissenting. • ‘
[DISSENT — Ingraham, P. J.]
Ingraham, P. J.
(dissenting): I think the verdict was without evidence to support it, as the evidence entirely fails to show that the defendant, at any time, enticed pr induced the plaintiff’s husband to abandon her, or was the procuring cause of the abandonment, ;or of the interruption of the marital relations between the husband and wife. (Buchanan v. Foster, 23 App. Div. 542; Hanor v. Housel, 128 id. 801.) I also think the verdict was excessive, and cannot be sustained for the amount that the jury awarded. I, therefore,' dissent. Claflte, J., concurred.