Currie v. Gardenier (59 A.D. 319, 1901)

Smith, J.:

The defendant has appealed from the determination of the Special Term that the second defense in his answer was insufficient in law upon the face thereof. That defense assumed to plead the two years’ Statute of Limitations to the plaintiff’s action. Defendant argues that this plea was properly interposed under section 384 of the Code of Civil Proceedure as a sufficient defense to plaintiff’s cause of action. ‘

The substance of the plaintiff’s complaint is that Margaret R. Currie was the wife of the plaintiff and that the defendant maliciously alienated her affections and debauched and carnally knew the said Margaret R. Currie. The plaintiff then alleges “ that m consequence.