Tubbs v. Kleek
Illinois Supreme Court
This was an action of trespass on the case, for breach of promise of marriage. The plea denied the promise and undertaking.
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This was an action of trespass on the case, for breach of promise of marriage. The plea denied the promise and undertaking. At the May term, 1850, of the Kendall Circuit Court, the cause was tried before T. L. Dickey, Judge, and a jury, and resulted in a verdict and judgment for $1,000.00. ■ The evidence set out in the bill of exceptions, clearly proves the promise to marry, the birth of an illigitimate child, and that the father of the defendant in error had also brought an action against the plaintiff in error, to recoverdamages for the seduction of his daughter, which was pending at the…
1Opinion of the CourtTrumbull, J.
This was an action for a breach of a promise of marriage. Jury trial and verdict of a thousand dollars in favor of the plaintiff below. It was proven, on the trial, that the plaintiff had given birth to a child, and the Court, at her instance, instructed the jury as follows:
“That if the jury believe, from the evidence, that the defendant entered into a marriage contract with the plaintiff, and under the pretence .and promise of marriage, seduced and begot the plaintiff with child, that circumstance, and violation of faith, should be taken into consideration by the jury in estimating the…
2Cases cited2 opinions
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3Cited by17 opinions
- Smith v. HillIllinois Supreme Court · 1958
- Sherman v. RawsonMassachusetts Supreme Judicial Court · 1869
- Musselman v. BarkerNebraska Supreme Court · 1889
- Wrynn v. DowneySupreme Court of Rhode Island · 1906
- Anderson v. KirbySupreme Court of Georgia · 1906
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