WARNER v. TORRENCE

No. 6820SC343.

163 S.E.2d 90 (1968)

2 N.C. App. 384

W. D. WARNER v. Robert TORRENCE.

Court of Appeals of North Carolina.

September 18, 1968.


Attorney(s) appearing for the Case

Coble, Tanner & Grigg, by Eugene S. Tanner, Jr., Albemarle, for plaintiff appellant.

Brown, Brown & Brown, by Richard L. Brown, Jr., Albemarle, and James E. Roberts, Kannapolis, for defendant appellee.


CAMPBELL, Judge.

The facts alleged in the complaint are sufficient to constitute two causes of action, on either of which, if proven, the plaintiff is entitled to recover of the defendant damages, both actual and punitive. In Chestnut v. Sutton, 207 N.C. 256, 176 S.E. 743, it is stated:

"(T)hat the gravamen of the cause of action for the alienation of the affections of plaintiff's wife is the deprivation of the plaintiff of his conjugal rights to the society...

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