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McCarthy v. Huggler

83 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1903-07-07 English

Contents

Majority

p. 1110
McCarthy, Appellant, v. HUGGLER, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
July 7, 1903.)

Headnote

Action by Mary A. McCarthy against Mary Huggler.

Judgment reversed and new trial ordered, with costs to the appellant to abide event. Held, that the complaint states a cause of action against the defendant for enticing away the plaintiff’s husband and enticing him to permanently desert her, but whether or not the evidence was sufficient to establish such alleged cause of action was a question of fact for the jury, and that the alleged cause of action was not barred by the statute of limitations.