Hyperlawhypertext legal database Kujek v. Goldmann 55 N.Y. St. Rep. 166

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Kujek v. Goldmann

55 N.Y. St. Rep. 166 Court N.Y. City Ct. Decision date 1893-10-20 English

Delivered by Ehrlich, Ch. J.

Contents

Majority

p. 166
Johann August Kujek, Resp’t, v. Manasseh L. Goldmann, Impl’d, App’lt.
(City Court of New York, General Term,
Filed October 20, 1893.)

Headnote

1. False representations—Inducing marriage with female who has been seduced.
An action may lie maintained against one who, having seduced a female, induces plaintiff to marry her on representations that she was a good virtuous girl.
2. Same—Damages.
In such a case a verdict for $2,000 is not excessive.
Appeal from judgment entered on verdict in favor of plaintiff.
Max Altmayer, for app’lt; A. P. Wagener, for resp’t.

The jury by their verdict have found that the defendant seduced one Katie Harass, a domestic in his employ, whereby she became pregnant with child.

That while in this condition he induced the plaintiff to marry the said Katie on his representation that she was a good, virtuous girl, the plaintiff believing and relying on the representation and knowing nothing to the contrary.

The defendant knew that his representation was false, and that he was deceiying the plaintiff to his injury.

Under such circumstances, we are of opinion that notwithstanding the novelty of the action, it is maintainable, and that such a wrong has its remedy.

The verdict in favor of the plaintiff for $2,000 was not excessive, and there appears no substantial reason for interfering with it.

We find no error in the rulings, and the judgment and order denying the motion for a new trial must be affirmed, with costs.

Ñewburger and McCarthy, JJ., concur.