Bates v. Engelman

This is a motion under rule 106 of the Rules of Civil Practice to dismiss the complaint on the ground that neither of the two causes of action which have been pleaded is sufficient in law.

It is alleged in the first count that the plaintiff delivered a diamond ring to the defendant in contemplation of marriage, that the plaintiff and the defendant afterwards mutually agreed to abandon their contract to marry, and that thus and thereupon ownership of the ring reverted to plaintiff.

It is plain that this count is insufficient in law; that the cause of action sought to be pleaded is barred by…