Legal Opinion

Chellis v. Chapman

New York Supreme Court

Decided April 15, 1889PublishedCited by 5 opinions

Appeal from circuit court, Jefferson county. Action by Sarah S. Chellis against John B. Chapman, for a breach of promise of marriage.

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Appeal from circuit court, Jefferson county. Action by Sarah S. Chellis against John B. Chapman, for a breach of promise of marriage. In addition to several denials contained in the answer, the defendant alleged that he was of the age of 74 years, and was never married; and “that since the date of the alleged promises set forth in the complaint, to-wit, since about September, 1886, he has been and still is in very feeble health, so as to be more or less prevented from continuing or carrying on his ordinary business, having been and still being afflicted with rheumatism, with a disease of his…

1Opinion of the CourtHardin, P. J.

Abundant evidence was given at the trial to establish the contract between the parties, and the breach thereof by the defendant. Appellant’s learned counsel claims that several errors were committed during the progress of the trial which should lead to a reversal of the judgment. We will proceed to examine them.

1. Appellant insists that it was error to allow the pecuniary circumstances of the defendant to be shown by general reputation. The objections taken to-that class of evidence were as follows: “(1) Incompetent. (2) Hot proper evidence upon the subject of damages in an action for breach…

2Cases cited9 opinions

  1. Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
  2. Coleman v. SouthwickNew York Supreme Court · 1812
  3. Hunt v. . BennettNew York Court of Appeals · 1859
  4. De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
  5. Thorn v. . KnappNew York Court of Appeals · 1870

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Shafer v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1936
  2. Randazzo v. PolizziSupreme Court of Missouri · 1963
  3. Turner v. TurnerMissouri Court of Appeals · 1991
  4. Jacobs v. SireThe Superior Court of New York City · 1893
  5. Jacobs v. SireThe Superior Court of the City of New York and Buffalo · 1893

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