Legal Opinion

Campbell v. Crampton

U.S. Circuit Court for the District of Northern New York

Decided July 1, 1880PublishedCited by 4 opinions

Motion by defendant on a case and exceptions for a new trial. The action was brought by Nancy Y. Campbell against Osborn L. Crampton, for breach of promise of marriage. The domicil of the plaintiff was in the State of New York. The marriage engagement was made in Alabama in October, 1873, and continued thereafter until September, 3878, when the defendant married another woman.

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Motion by defendant on a case and exceptions for a new trial. The action was brought by Nancy Y. Campbell against Osborn L. Crampton, for breach of promise of marriage. The domicil of the plaintiff was in the State of New York. The marriage engagement was made in Alabama in October, 1873, and continued thereafter until September, 3878, when the defendant married another woman. The action was commenced in the supreme c-ourt of New York, and was removed to this court by the defendant. The further facts sufficiently appear in the opinion.

1Opinion of the CourtWallace, J.

The plaintiff having recovered a verdict for $10,000 for breach of contract of marriage, the defendant now moves for a new trial, alleging error in the rulings upon the trial.

The plaintiff is a half sister of the defendant’s mother. She was temporarily residing at Mobile, Alabama, which was the domicil of the defendant, when the marriage engagement took place. Subsequently plaintiff returned to the State of New York. The evidence authorized the jury to find that at the time of the engagement to marry, the parties did not contemplate an early marriage; that it was not until after the plaintiff…

2Cases cited7 opinions

  1. Scudder v. Union National BankSupreme Court of the United States · 1875
  2. People v. JennesMichigan Supreme Court · 1858
  3. Andrews v. PondSupreme Court of the United States · 1839
  4. Wightman v. WightmanNew York Court of Chancery · 1820
  5. Perky v. PerryNew York Court of Chancery · 1831

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3Cited by4 opinions

  1. Commonwealth v. AsheyMassachusetts Supreme Judicial Court · 1924
  2. Weisberg v. WeisbergAppellate Division of the Supreme Court of the State of New York · 1906
  3. Audley v. AudleyAppellate Division of the Supreme Court of the State of New York · 1921
  4. Lauderdale Peerage ClaimNew York Supreme Court · 1885

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