Legal Opinion

Berry v. Bakeman

Supreme Judicial Court of Maine

Decided July 1, 1857PublishedCited by 6 opinions

This action is for an alleged Breach op Promise op Marriage by the defendant, and comes before the full court upon Exceptions, the verdict being against him, to the rulings of Appleton, J. The defendant introduced evidence of the plaintiff’s bad character for chastity generally, and evidence tending to prov e specific acts of immodest, unchaste, and criminal conduct on the part of the plaintiff with other men, particularly with one Fobs.

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This action is for an alleged Breach op Promise op Marriage by the defendant, and comes before the full court upon Exceptions, the verdict being against him, to the rulings of Appleton, J. The defendant introduced evidence of the plaintiff’s bad character for chastity generally, and evidence tending to prov e specific acts of immodest, unchaste, and criminal conduct on the part of the plaintiff with other men, particularly with one Fobs. On these points rebutting evidence was put in by the plaintiff. The evidence in this ease showed that the defendant was a widower, fifty-two years of age,…

1Opinion of the CourtTenney, C. J.

In law, the proof that the plaintiff, in an action for the breach of the promise of marriage, is a loose and immodest woman, and that the defendant broke his prom*166ise on that account, goes in bar of the action; but if it should appear that when he made the promise, he was aware of these circumstances, it is no defence. Irving v. Greenwood, 1 Car. & Payne, 350.

In the case of Leeds v. Lock and als., 4 Esp., 256, which was an action for breach of promise of marriage, Lord Ellen-borough said, “ That though a promise to marry was proved, yet if it appeared that the plaintiff was a man who had…

2Cited by6 opinions

  1. Kelley v. HighfieldOregon Supreme Court · 1887
  2. Bowman v. BowmanIndiana Supreme Court · 1899
  3. Barrett v. Vander-MuelenCourt of Appeals of Kentucky (pre-1976) · 1936
  4. Foster v. HanchettSupreme Court of Vermont · 1896
  5. Carney v. McGilvrayMississippi Supreme Court · 1928

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