Legal Opinion

Beelman v. Roush

Supreme Court of Pennsylvania

Decided July 1, 1856PublishedCited by 5 opinions

Error to the Common Pleas of .Cumberland county. This was an action on the ease by Anne Catharine Roush against Daniel L. Beelman, for a breach of promise of marriage. The mother of the plaintiff had been examined as a witness, and testified to facts and conversations tending to prove a promise of marriage.

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Error to the Common Pleas of .Cumberland county. This was an action on the ease by Anne Catharine Roush against Daniel L. Beelman, for a breach of promise of marriage. The mother of the plaintiff had been examined as a witness, and testified to facts and conversations tending to prove a promise of marriage. The defendant made the following offer of evidence:— “ The plaintiff having given in evidence, that at the period of the alleged promise of marriage of the defendant, the plaintiff was a minor — about the age of eighteen years; the defendant now offers to prove that at that time the…

1Opinion of the Court

The opinion of the court was delivered by

Black, J.

Whep suit is brought by a woman on a promise of marriage made and broken while she was under age, the declarations of the father cannot be given in evidence to show that he *511had withheld his assent from the contraot. The reasons are very obvious — at least they seem quite plain to us. A promise to marry a minor does not require the consent of the parent or guardian to make it binding. If the defendant proposed, and the plaintiff accepted the proposal, it is a sufficient contract. It takes two to make the bargain — but it is not necessary there…

2Cited by5 opinions

  1. Abbott's Petition, Pennsylvania Court of Common Pleas, Mercer County1935
  2. Greene v. Brandt, Pennsylvania Court of Common Pleas, Luzerne County1930
  3. Shaffer v. Harris, Pennsylvania Court of Common Pleas, Lawrence County1950
  4. Shouey v. Shouey, Pennsylvania Court of Common Pleas, Westmoreland County1931
  5. Seibert v. Seibert, Pennsylvania Court of Common Pleas, Beaver County1923

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