Jacobs v. Schweinert
Jacobs v. Schweinert
Opinion of the Court
The defendant has a rule to show cause why the complaint filed in the case should not be stricken out on the ground that it does not disclose a legal cause of action.
The action is by the plaintiff who had been engaged to marry one Joseph J. Gottman to recover damages from the defendant for maliciously inducing Gottman to break this engagement, and to break a contract to repay certain moneys which she had loaned him.
The complaint, among other things, alleges that the defendant, knowing of this engagement and of the large loans of money made to Gottman, and “wrongfully contriving and wickedly intending to induce said Gottman to break said agreement to marry and said agreement to repay said loans, and thereby to injure the plaintiff, with malice did undertake a course of conduct to bring about the breach by said Gott
In Van Horn v. Van Horn, 52 N. J. L. 284; 20 Atl. Rep. 485, this court seems to have recognized the principle that the malicious inducement to the breaking of a contract (that is where actual ill will toward the plaintiff is exhibited — see page 287) constitutes a cause of action. Such malice, we think, is disclosed in the complaint and the rule to strike out is therefore discharged.
Reference
- Full Case Name
- EDITH JACOBS v. MAY SCHWEINERT
- Status
- Published