Ettinger v. Jones
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 2 OP ALLEGHENY COUNTY. No. 162 October Term 1890, Sup. Ct.; court below, No. 464 October Term 1888, C. P. No. 2. On March 16, 1888, Marie H. Ettinger issued capias against William F. Jones, in assumpsit for breach of an alleged contract to marry the plaintiff. On May 19, 1888, the defendant pleaded, non-assttmpsit, and subsequently added the pleas, accord and satisfaction, and release under seal.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 2 OP ALLEGHENY COUNTY. No. 162 October Term 1890, Sup. Ct.; court below, No. 464 October Term 1888, C. P. No. 2. On March 16, 1888, Marie H. Ettinger issued capias against William F. Jones, in assumpsit for breach of an alleged contract to marry the plaintiff. On May 19, 1888, the defendant pleaded, non-assttmpsit, and subsequently added the pleas, accord and satisfaction, and release under seal. At the trial on November 21, 1889, the plaintiff adduced evidence of the contract of marriage as alleged in her statement. The defendant denied…
1Opinion of the Court
OPINION,
Mb. Chief Justice Paxson :
The only question of importance in this case is whether the plaintiff was bound by her release. This point was raised by the second assignment, which alleges that the court below refused, at the request of the defendant, to instruct the jury “ that if they find from the evidence that the plaintiff executed the *222release, dated December 29,1888, then the verdict must be for the defendant.”
The suit was brought to recover damages for breach of a promise of marriage. After the case was at issue and ready for trial, the defendant prepared a formal release, took it…
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