Kerns v. Hagenbuchle
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Sabina F. Kerns against John B. Hagenbuchle for breach of promise of marriage. Verdict and judgment for plaintiff. Defendant appeals from the judgment and order denying a motion for a new trial.
1Opinion of the CourtMcAdam, J.
The action was brought by the plaintiff to recover damages for a breach of promise to marry. The answer denies the promise alleged, and sets up in defense that the defendant is now, and was at the time when *368the alleged promise was made, a married man. The purpose of this-defense was to make void any promise of marriage to the plaintiff in case there was evidence that a promise had been made. The jury found a verdict in favor of the plaintiff, and assessed her damages at $5,000, and from this judgment the present appeal was taken. The evidence sufficiently sustains the verdict, and the fact…
2Cases cited7 opinions
- Thorn v. . KnappNew York Court of Appeals · 1870
- Crist v. ArmourNew York Supreme Court · 1861
- Johnson v. . JenkinsNew York Court of Appeals · 1862
- Haviland v. . HalsteadNew York Court of Appeals · 1866
- Cammerer v. MullerNew York Supreme Court · 1891
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3Cited by2 opinions
- Guffin v. KellySupreme Court of Georgia · 1941
- Delisi v. FicarrottaAppellate Terms of the Supreme Court of New York · 1912