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Buckel v. Suss

21 N.Y.S. 907 Court N.Y. Super. Ct. Decision date 1893-01-03 English

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p. 907
BUCKEL v. SUSS.
(Superior Court of New York City, General Term.
January 3, 1893.)

Headnote

Action by Wife—Fob Enticing Away Husband. Where a wife, acting on the advice of counsel, leaves her husband, and1 brings an action for divorce,'which results in an Agreement for separation, sanctioned by the court, the wife cannot maintain an action for the enticing away of her husband while she was living and cohabiting with him as his-wife. 18 N. Y. Supp. 719 , affirmed.
Appeal from trial term.
Action by Elizabeth Buckel against Anna Suss for enticing away plaintiff’s husband. From a judgment dismissing the complaint, and from an order denying plaintiff’s motion for a new trial, plaintiff appeals.. Affirmed.
.Argued before FREEDMAN and" GILDERSLEEVE, JJ.
Charles Steckler, for appellant.
p. 908
Guggenheimer & Untermeyer, (Samuel Untermeyer, of counsel,) for respondent.

For the reasons set forth in the opinion of the court below, ( 18 N. Y. Supp. 719 ,) the judgment and order appealed from are affirmed, with costs.