Prettyman v. Williamson

Citations

• 17 Del. 224
• 39 A. 731
• 1 Penne. 224
• 1898 Del. LEXIS 11

Syllabus

<p>Criminal Conversation—Alienation of Affections—Damages— Measure—Mitigation—Connivance—Divorce.</p> <p>1. In an action for criminal conversation or alienating the wife’s affections, the husband may recover for his mental suffering, and the loss of his wife’s affection and society, as well as for the pecuniary loss for her services, less the value of the performance of the husband’s duty to support, clothe, and care for her.</p> <p>2. Such action may be maintained without proof of pecuniary loss.</p> <p>3. The consent of the husband to the act complained of is a complete bar to such action.</p> <p>4. In an action for criminal conversation or alienation of the wife’s affections, facts showing that the relations between plaintiff and his wife were unhappy, that he failed to support her, and that he is living apart from her, may be considered in mitigation of damages.</p> <p>5. An act of the Legislature divorcing husband and wife is not a bar to an action for previous criminal conversation or alienation of affection, but such divorce may be considered in mitigation of damages.</p> <p>6. In such action, exemplary damages may be awarded, based on the enormity of the offense, and its malicious, wilful, and aggravated character.</p> <p>7. Evidence of criminal conversation on the part of the wife and the defendant after the wife has secured a divorce is inadmissible in such action.</p> <p>8. Where the declaration alleges that the plaintiff and his wife were married “according to the laws of the State of Delaware,” proof that they married in Philadelphia is admissible.</p> <p>• 9. After a partial or involuntary separation of the husband from the wife, evidence that the defendant made propositions to the husband with a view of influencing the latter to consent to the defendant’s improper relations with the wife, is admissible.</p> <p>10. In such action the pecuniary ability of the defendant to respond in damages, is proper evidence, and records of deeds of property made to t