Colburn v. Marble
Massachusetts Supreme Judicial Court
Contract. Writ in the Superior Court for the county of Norfolk dated March 26, 1906. The declaration alleged mutual promises of the plaintiff and the defendant to marry, that “ under and wholly by reason of the defendant’s promise to marry her," the plaintiff “ was seduced by the defendant,” and that, although the plaintiff was always ready to marry the defendant, he refused to perform his promise.
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Contract. Writ in the Superior Court for the county of Norfolk dated March 26, 1906. The declaration alleged mutual promises of the plaintiff and the defendant to marry, that “ under and wholly by reason of the defendant’s promise to marry her," the plaintiff “ was seduced by the defendant,” and that, although the plaintiff was always ready to marry the defendant, he refused to perform his promise. The answer was a general denial, and an allegation that the defendant was justified in his refusal to perform his promise to the plaintiff, if he ever made one. There was a trial before Crosby, J.…
1Opinion of the CourtSheldon, J.
In our opinion the plaintiff ought not to have been allowed to prove in rebuttal her good reputation for chastity. The general principle is that in civil actions evidence of *380character or reputation is not admissible for the purpose of meeting evidence of specific acts of misconduct. Day v. Ross, 154 Mass. 13. Cases in which the character of the plaintiff is put directly in issue, as in slander or libel, or in which evidence of general reputation may be received as bearing upon a question of notice or of probable cause, are not really exceptions to the rule. This rule is clearly stated, with a…
2Cases cited21 opinions
- Sheahan v. BarryMichigan Supreme Court · 1873
- Fry v. LeslieSupreme Court of Virginia · 1891
- Miller v. CurtisMassachusetts Supreme Judicial Court · 1893
- Johnson v. . JenkinsNew York Court of Appeals · 1862
- Boynton v. KelloggMassachusetts Supreme Judicial Court · 1807
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3Cited by13 opinions
- Commonwealth v. BealMassachusetts Supreme Judicial Court · 1943
- Richmond v. City of NorwichSupreme Court of Connecticut · 1921
- Davidson v. Massachusetts Casualty InsuranceMassachusetts Supreme Judicial Court · 1949
- Grant v. PendleyTexas Commission of Appeals · 1931
- Della Jacova v. WidettMassachusetts Supreme Judicial Court · 1969
8 more not listed; retrieve them via the Exa API.