33 | N.C. | Mar 2, 1966
Claude Davis LITCHFIELD
v.
William Harvey COX.
Supreme Court of North Carolina.
John A. Wilkinson, by James R. Vosburgh, Washington, for plaintiff.
Aydlett & White, Elizabeth City, for defendant.
PLESS, Justice.
To establish a case against the defendant for alienation of his wife's affections, the law imposes upon the plaintiff, Litchfield, the burden of showing, by competent evidence, the following: "(1) That he and his wife were happily married, and that a genuine love and affection existed between them; (2) that the love and affection so existing was alienated and destroyed; (3) that the wrongful and malicious acts of the defendants produced and brought about the loss and alienation of such love and affection. Hankins v. Hankins, 202 N.C. 358" court="N.C." date_filed="1932-03-09" href="https://app.midpage.ai/document/hankins-v--hankins-3660426?utm_source=webapp" opinion_id="3660426">202 N.C. 358, 162 S.E. 766." Ridenhour v. Miller, 225 N.C. 543, 35 S.E.2d 611.
*642 The mother of the plaintiff, Mrs. Bess Litchfield, testified that her son and his wife seemed to be fond of each other and it was just a happy family. The plaintiff testified "We had a happy home. She seemed to love the children and to love me. * * * In 1962 and 1963 she became very cold. * * * She was casting me aside. * * * Things got worse as time went on."
The defendant supplied the plaintiff's wife with liquor until she had a drinking problem. He wrote her that "those nights were all so nice. * * * I could not pick the best of them as they were all so perfect. I wish I were able to put on these pages the satisfaction that it gives me to know that I care for you and of being reasonable sure that it is being returned. * * * I am waiting and loving you."
The above excerpts from the plaintiff's evidence fully establish the three elements necessary to survive a motion for nonsuit. While it is true that the plaintiff and his "alienated" wife are still living together that affects the credibility of his evidence, but it still remains a question for the jury.
Reversed.
MOORE, J., not sitting.