Kniffen v. . McConnell
New York Court of Appeals
This was' an action to recover damages for breach of a promise of marriage. The complaint contained a promise of marriage, macle by the defendant to the plaintiff, to marry her when he should be thereafter requested; averring a request to marry and the defendant’s refusal. It also contained a second allegation on a promise to marry the plaintiff within a reasonable time, a request by the plaintiff and a refusal to marry her, although a reasonable time had elapsed.
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This was' an action to recover damages for breach of a promise of marriage. The complaint contained a promise of marriage, macle by the defendant to the plaintiff, to marry her when he should be thereafter requested; averring a request to marry and the defendant’s refusal. It also contained a second allegation on a promise to marry the plaintiff within a reasonable time, a request by the plaintiff and a refusal to marry her, although a reasonable time had elapsed. The answer was a general denial of everything in the complaint. Upon the trial, it appeared the defendant commenced paying…
1Opinion of the CourtIngraham, J.
There was sufficient evidence of a request on the part of the plaintiff to marry, to warrant the denial of the motion to dismiss the complaint. The uncle and aunt, in her presence, and without objection on her part, asked the defendant to marry her on account-of her condition, which he refused; and when the plaintiff said to him, “ McConnell I don’t want your money; I want your word and honor that you promised me,” he replied, “ There is no use in talking, I can’t marry you now,” there was evidence enough on the subject of a request to submit that question to the jury.
The defendant objected…
2Cases cited2 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Wells v. PadgettNew York Supreme Court · 1850
3Cited by54 opinions
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Haymond v. SaucerIndiana Supreme Court · 1882
- Thorn v. . KnappNew York Court of Appeals · 1870
- Bailey v. BaileySupreme Court of Iowa · 1895
- Chellis v. . ChapmanNew York Court of Appeals · 1891
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