Tyler v. Salley
Supreme Judicial Court of Maine
On exceptions. This was an action for breacli of promise of marriage. The declaration alleging mutual promises, plaintiff’s requests for a performance, and a breach by the defendant, concludes as follows: “by reason whereof the plaintiff has been disappoin ted in securing a pleasant home and the enjoyments of married life, and hath greatly suffered in her mind and affections * * At the trial, the plaintiff, upon the question of damages, offered evidence of her seduction by…
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On exceptions. This was an action for breacli of promise of marriage. The declaration alleging mutual promises, plaintiff’s requests for a performance, and a breach by the defendant, concludes as follows: “by reason whereof the plaintiff has been disappoin ted in securing a pleasant home and the enjoyments of married life, and hath greatly suffered in her mind and affections * * At the trial, the plaintiff, upon the question of damages, offered evidence of her seduction by the defendant, under the alleged promise of marriage, and of her subsequent delivery of a bastard child. The defendant…
1Opinion of the CourtDanfort ti, J.
This is an action for a breach of promise of marriage. The plaintiff in her declaration alleges only the facts necessary to sustain her action and claims only general damages. Upon the question of damages she “offered evidence of her seduction by the defendant, under the alleged promise of marriage, and of her subsequent delivery of a bastard child.” This was objected to but admitted, and hence arises the question, whether *130it was admissible without a special averment in the declaration.
The distinction between general and special damages and the necessity of a special averment to permit the…
2Cases cited3 opinions
- Kelley v. RileyMassachusetts Supreme Judicial Court · 1871
- Paul v. FrazierMassachusetts Supreme Judicial Court · 1807
- Sherman v. RawsonMassachusetts Supreme Judicial Court · 1869
3Cited by7 opinions
- Geiger v. PayneSupreme Court of Iowa · 1896
- Waddell v. BriggsSupreme Judicial Court of Maine · 1978
- Anderson v. KirbySupreme Court of Georgia · 1906
- Herriman v. LaymanSupreme Court of Iowa · 1902
- Nolan v. GlynnSupreme Court of Iowa · 1913
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