Majority
p. 294City Court. Special Term May, 1886. SEITZ against BERG.
Headnote
A recovery of less than §50'in an action for breach of promise to marry, ■ entitles the defendant to costs.The action is for “ breach of a promise to marry,” and seduction is pleaded in aggravation of damages only ( 8 Barb. 323 ; 30 N. Y. 285 ). The
p. 295
only civil action which can be founded on “ seduction” is by the parent or other person entitled to the female’s services to recover for them loss ( 26 Barb. 615 ; 11 N. Y. 343 ). The present action is not so brought, and is not for seduction in the sense in which that term is used in subdivision 3 of section 3228, of the Code in regard to costs. The recovery herein for the breach of promise being less than $50, it follows that that the defendant is entitled to a full bill of costs (Code, § 3228, § 3229, subd. 4).
Re-taxation ordered in accordance herewith.
Cases cited
- Wells v. Padgett 8 Barb. 323 p. 294
- Kniffen v. McConnell 30 N. Y. 285 p. 294
- Hamilton v. Lomax 26 Barb. 615 p. 295