Lattimore v. Simmons
Supreme Court of Pennsylvania
IN ERROR. Writ of error and bill of exceptions to the charge of the Court of Common Pleas of Fayette county, in an action brought there originally by Elizabeth Simmons, defendant in error, against Charles Rogers, to recover damages for a breach of promise of marriage. The case was arbitrated by the plaintiff, and an award made in her favour for the sum of four thousand five hundred dollars, from which the defendant appealed.
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IN ERROR. Writ of error and bill of exceptions to the charge of the Court of Common Pleas of Fayette county, in an action brought there originally by Elizabeth Simmons, defendant in error, against Charles Rogers, to recover damages for a breach of promise of marriage. The case was arbitrated by the plaintiff, and an award made in her favour for the sum of four thousand five hundred dollars, from which the defendant appealed. Soon afterwards the defendant Rogers died, and his executors, the plaintiffs in error, being substituted, the cause was tried by jury and a verdict rendered for the…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
This was an action by Elizabeth Simmons, against Charles Rogers, founded on a breach of promise of marriage. On a submission to arbitrators, an ayvard was returned in favour of the plaintiff; from which the defendant appealed, and died pending the appeal. The death of Charles Rogers, having been suggested on the record, his executors, Charles Lattimore and William Morgan, were made defendants, after which the cause proceeded to trial, by a jury, who found for the plaintiff, and assessed damages to the amount of two thousand eight hundred…
2Cited by3 opinions
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- Grubb's adm'r v. SultSupreme Court of Virginia · 1879
- Wade v. KalbfleischNew York Court of Appeals · 1874