Oppenheim v. Kridel

140 N.E. 227 (1923)

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Oppenheim v. Kridel

New York Court of Appeals
140 N.E. 227 (1923)

Facts

Jennie Oppenheim (plaintiff) and her husband were separated but still married when he began a relationship with Marth Kridel (defendant) that led to adultery. Oppenheim sued Kridel for criminal conversation—committing adultery and intentionally and knowingly alienating the affection of her husband. Under common law, a husband could bring an action for criminal conversation against another man who committed adultery with his wife or otherwise lured his wife away, but a wife had no comparable right. The action was rooted in the notion that a husband had a possessory right in his wife and the idea that an unfaithful wife would require a husband to support illegitimate children or contend with uncertainty as to his children’s legitimacy. A jury returned a judgment for Oppenheim, but judgment was reversed on appeal because the common law did not recognize a wife’s right to bring an action for criminal conversation. Oppenheim appealed.

Rule of Law

Issue

Holding and Reasoning (Crane, J.)

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