Prescott v. Guyler
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was an action of assumpsit instituted in the court below, by Catharine Guyler against Gottlieb Prescott, to recover damages for an alleged breach of promise of marriage.
Read the full summary
Appeal from the Superior Court of Chicago. This was an action of assumpsit instituted in the court below, by Catharine Guyler against Gottlieb Prescott, to recover damages for an alleged breach of promise of marriage. The declaration contained three counts; the first as follows: For that whereas, heretofore, to wit, on the first day of August, A. D. 1861, at &c., in consideration that the plaintiff being then and there sole and unmarried, at the special instance r and request of the defendant, had then and there undertaken, and faithfully promised the defendant to marry him, the defendant,…
1Opinion of the CourtChief Justice Caton
In all the counts of the declaration, the terms of the promise of marriage, when it was to be fulfilled and when the tender of marriage was made, and the refusal, are laid under a videlicit, and hence, the dates need not be proved as laid. Many mutual promises are expressly proved by the testimony of Heartt, who was present on several occasions when the whole subject was talked over between them, and the testimony leaves no doubt that the original engagement had been made some time before. The letters written by the defendant to the plaintiff are of a character to strongly indicate the…
2Cited by2 opinions
- Connolly v. BollingerWest Virginia Supreme Court · 1910
- Wilson v. Hornstine, Pennsylvania Court of Common Pleas, Philadelphia County1931