Lowe v. Quinn

Scileppi, J. (dissenting).

I dissent and vote to reverse. Plaintiff, a married man, seeks the return of an engagement ring, valued at some $60,000, which he gave defendant pursuant to her promise to marry him upon the dissolution of his prior marriage. The record indicates that the plaintiff had been living apart from his wife for several years and that both had previously agreed there should be a divorce. Plaintiff maintains that his estranged wife had actually retained an attorney; in his own words, the marriage was "as dead as a door nail.’’

On November 14, 1968, about one month after…