Burnham v. Cornwell
Court of Appeals of Kentucky
APPEAL PROM MARSHALL CIRCUIT. The facts of the case are stated in the opinion of the Court. Rep. The appellant argued that the Circuit Court erred— 1.In overrulling his demurrer to the petition. The original petition states that the appellant agreed and promised to marry the appellee, -which he has failed to do, without any averment of an offer on the part of appellee to perform the contract, and a refusal by appellant.
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APPEAL PROM MARSHALL CIRCUIT. The facts of the case are stated in the opinion of the Court. Rep. The appellant argued that the Circuit Court erred— 1.In overrulling his demurrer to the petition. The original petition states that the appellant agreed and promised to marry the appellee, -which he has failed to do, without any averment of an offer on the part of appellee to perform the contract, and a refusal by appellant. The amended petitions filed do not set forth such an offer to marry as will sustain the action. (Fible vs. Caplinger, 13 B. Monroe, 469; Burks vs. Shain, 2 Bibb, 341.) 2. The…
1Opinion of the CourtChief Justice Marshall
Caroline Cornwell, a widow, brought this action for an alleged breach of promise of marriage, and obtained a verdict and judgment, against William Burnham, for $500, and his motion for a new trial having been overruled, he brings the judgment to this court for revision.
There was no direct evidence of an engagement or of mutual promise between the parties to marry each other, nor of a promise by the defendant to marry the plaintiff, nor of any offer on the part of the plaintiff to marry the defendant, nor of any request by her that he should marry her. There being no evidence of any engagement…
2Cases cited1 opinion
- Wightman v. CoatesMassachusetts Supreme Judicial Court · 1818
3Cited by6 opinions
- Vaughan v. SmithIndiana Supreme Court · 1911
- Adams v. ByerlyIndiana Supreme Court · 1890
- Elmore v. HaddixCourt of Appeals of Kentucky (pre-1976) · 1934
- Kelley v. BrennanSupreme Court of Rhode Island · 1892
- Gilbert v. BarkesKentucky Supreme Court · 1999
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