Legal Opinion

Thorn v. . Knapp

New York Court of Appeals

Decided June 24, 1870PublishedCited by 41 opinions

Appeal from a judgment of the General Term of the Supreme Court, in the second judicial district, affirming a judgment entered upon a verdict of $4,000 in favor of the plaintiff. The action was to recover damages for the breach of a contract to marry. The answer alleged, by way of defence, the unchastity of the plaintiff.

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Appeal from a judgment of the General Term of the Supreme Court, in the second judicial district, affirming a judgment entered upon a verdict of $4,000 in favor of the plaintiff. The action was to recover damages for the breach of a contract to marry. The answer alleged, by way of defence, the unchastity of the plaintiff. There was no proof to sustain this allegation; and the jury were instructed, by the charge of the justice before whom the cause was tried, that: “ Where a defendant in his answer, as in this case, attempts to justify his breach of promise of marriage by stating therein, and…

1Opinion of the Court

The defendant, in his answer, alleged that, at the time of the alleged promise of marriage, "the plaintiff was a common prostitute, and still is so, and was then, and still is of a bad character, and was, and is an unchaste woman, and had, and has illicit intercourse with various persons." On the trial, the defendant did not attempt to prove any of these allegations; and the court, in the charge to the jury, among other things, charged as follows: "Where a defendant, in his answer, attempts to justify his breach of promise of marriage by stating therein, and thus placing upon the record, as…

2Cases cited3 opinions

  1. Kniffen v. . McConnellNew York Court of Appeals · 1864
  2. Johnson v. . JenkinsNew York Court of Appeals · 1862
  3. Wells v. PadgettNew York Supreme Court · 1850

3Cited by41 opinions

  1. Wade v. . KalbfleischNew York Court of Appeals · 1874
  2. Haymond v. SaucerIndiana Supreme Court · 1882
  3. Liese v. MeyerSupreme Court of Missouri · 1898
  4. Upton v. HumeOregon Supreme Court · 1893
  5. Beaulieu v. Great Northern Railway Co.Supreme Court of Minnesota · 1907

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