Wyman v. Newhouse

93 F.2d 313 (2d Cir. 1937)

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Nature of the Case

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Facts

Wyman (P) and Newhouse (D) were both married to other persons. P's husband died. Both P and D had engaged in a meretricious relation for some years. P lived in Florida. P sent D a letter stating that her mother was dying and that she would be leaving the U.S. for good. The letter stated that P wanted to see D again to discuss her affairs with him before she left. She repeated the information in the letter, in a phone conversation, and wrote another letter expressing her love for D. D went to Florida, and when he arrived at the airport, he was served with process by a sheriff's deputy. P sued D for money loaned, money advanced, and seduction under the promise of marriage. P had lied to get D to Florida to serve him. D retained an attorney in New York who told him to ignore the summons. Judgment was entered by default for damages for money loaned, money advanced, and seduction under the promise of marriage. D then collaterally attacked the judgment in New York under an allegation that Florida jurisdiction was improper. The court upheld D’s motion to dismiss the complaint. P appealed