Sweinhart v. Bamberger

This is a motion to strike out affirmative defenses, with a cross-motion by the defendant for summary judgment.

The complaint alleges that in 1916 the defendant orally promised to marry the plaintiff “ at a time thereafter to be mutually agreed upon,” but that he refused to do so “ although plaintiff was ready, able and willing and offered to do so up to and including the time the defendant failed and refused to marry the plaintiff.” Thereafter, the complaint goes on, the defendant, in consideration of the release of plaintiff’s claim for breach of promise, orally promised to support her “…