Burtis v. . Thompson
New York Court of Appeals
This is an appeal by the defendant from a judgment entered upon the decision of the General Term of the Supreme Court, in the second judicial district, affirming a judgment entered upon a verdict, in favor of the plaintiff, for the sum of $2,000. The facts sufficiently appear in the opinion of Ingals s, J. insisted that the defendant had until and including the last day of November within which to fulfill on his part, and his notice of refusal before the expiration of that…
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This is an appeal by the defendant from a judgment entered upon the decision of the General Term of the Supreme Court, in the second judicial district, affirming a judgment entered upon a verdict, in favor of the plaintiff, for the sum of $2,000. The facts sufficiently appear in the opinion of Ingals s, J. insisted that the defendant had until and including the last day of November within which to fulfill on his part, and his notice of refusal before the expiration of that time did not alter the terms of the con tract. Non constat, but he might reconsider his refusal and perform, or tender…
1Opinion of the Court
This action was commenced by the plaintiff to recover damages for the breach of a promise of marriage, and she recovered a verdict of $2,000, upon which judgment was rendered, and the same was affirmed by the General Term. The promise was clearly proved, and the defendant, in the early part of October, 1862, expressly refused to marry the plaintiff at any time, and this action was commenced on the 25th October, 1862. The defendant's counsel requested the court to charge the jury, "that the action was prematurely commenced, inasmuch as the defendants' promise was to marry in the fall of 1862,…
2Cited by47 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Dingley v. OlerSupreme Court of the United States · 1886
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
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