Gauerke v. Kiley
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Brown county: N. J. Monahan, Judge. Action to recover damages for breach of promise of marriage. The complaint alleges that on or about the 1st day of August, 1917, plaintiff and defendant entered into a marriage agreement; that by reason of said promise of marriage the defendant -debauched the plaintiff, because of which, and defendant’s refusal to marry plaintiff, she is damaged, etc. The answer was a general denial.
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Appeal from a judgment of the municipal court of Brown county: N. J. Monahan, Judge. Action to recover damages for breach of promise of marriage. The complaint alleges that on or about the 1st day of August, 1917, plaintiff and defendant entered into a marriage agreement; that by reason of said promise of marriage the defendant -debauched the plaintiff, because of which, and defendant’s refusal to marry plaintiff, she is damaged, etc. The answer was a general denial. By a special verdict the jury found that defendant promised to marry the plaintiff; that the plaintiff held herself in…
1Opinion of the CourtOwen, J.
Numerous alleged errors with reference to the fidmission of testimony are presented, in the consideration of which a proper understanding of the measure of damages applicable in actions to recover for a breach of promise of marriage accompanied by seduction will be helpful. In Leavitt v. Cutler, 37 Wis. 46, 53, it was held that in such an action, where the complaint alleged seduction in aggravation of damages, such seduction might properly be considered as enhancing the damages, and the jury would be justified in rendering a verdict for such liberal amount as in their judgment would be a fair…
2Cases cited10 opinions
- Dent v. PickensWest Virginia Supreme Court · 1890
- Rime v. RaterSupreme Court of Iowa · 1899
- Vierling v. BinderSupreme Court of Iowa · 1901
- Leavitt v. CutlerWisconsin Supreme Court · 1875
- Douglas v. GausmanIllinois Supreme Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ableman v. HolmanWisconsin Supreme Court · 1928