Moritz v. Melhorn
Supreme Court of Pennsylvania
Error to the Common Pleas of Adams county. This was an action on the case, brought by Henrietta Melhorn vs. Moritz, for breach of promise of marriage. The narr. contained five counts: 1. 14th November, 1848, in consideration that plaintiff promised to marry him when requested, defendant promised to marry her when requested.
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Error to the Common Pleas of Adams county. This was an action on the case, brought by Henrietta Melhorn vs. Moritz, for breach of promise of marriage. The narr. contained five counts: 1. 14th November, 1848, in consideration that plaintiff promised to marry him when requested, defendant promised to marry her when requested. Breach, 27th March, 1849, defendant married Anna Sliza Monfort. 2. In consideration plaintiff promised to marry defendant first week in January, 1849, defendant promised to marry plaintiff first week in January, (next,) 1849. Breach as above. 3. In consideration plaintiff…
1Opinion of the Court
The opinion of the court was delivered, by
Coulter, J.
The character of the case, and the nature of the proof required, have often a controlling influence, to a certain extent, on the rules of evidence. Although general principles ought to be kept in view, yet there are cases in which they must, in some degree, be accommodated to the facts in issue; otherwise, truth will become the victim of general maxims. It is necessary, in the action for a breach of the marriage promise, to prove that the contract was mutual; otherwise, the engagement, on the part of the defendant, would be naked, and…
2Cited by1 opinion
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