Legal Opinion

Cole v. Holliday

Missouri Court of Appeals

Decided May 22, 1877PublishedCited by 8 opinions

Appeal from St. Louis Circuit Court. What constitutes a breach of promise to marry. — Roscoe’s Dig. Ev. 261; Gough v. Farr, 2 Car. & P. 631. Where there is evidence of a refusal to marry, the question is one for the jury. — Willard v. Stone, 7 Cow. 22; Hubbard v. Bonesteel, 17 Barb. 360; 2 Stark, on Ev. 942. Damages, mitigation, and aggravation.— Sutler v. Fschleman, 18 Ill. 44 ; D endow v. Vanhorn, 16 Iowa, 476 ; White v. Thomas, 12 Ohio St. 312. What constitutes a promise…

Read the full summary

Appeal from St. Louis Circuit Court. What constitutes a breach of promise to marry. — Roscoe’s Dig. Ev. 261; Gough v. Farr, 2 Car. & P. 631. Where there is evidence of a refusal to marry, the question is one for the jury. — Willard v. Stone, 7 Cow. 22; Hubbard v. Bonesteel, 17 Barb. 360; 2 Stark, on Ev. 942. Damages, mitigation, and aggravation.— Sutler v. Fschleman, 18 Ill. 44 ; D endow v. Vanhorn, 16 Iowa, 476 ; White v. Thomas, 12 Ohio St. 312. What constitutes a promise to marry.— Green v. Spencer, 3 Mo. 318; s. c., 8 Barb. 323. Where no definite time is fixed upon by the parties to the…

1Opinion of the CourtBaeewell, J.

This is an action for breach of promise of marriage, commenced November 9, 1874. The petition alleges that plaintiff, on or about July 5, 1873, promised to marry defendant,, and that defendant then promised to marry plaintiff; that, relying on defendant’s promise, plaintiff had sexual intercourse with defendant, in consequence of which she was delivered of a child, now dead; that, though a reasonable time has elapsed, defendant, though often requested to do so, has refused and still refuses to marry plaintiff, to her danjage $30,000.

Defendant, in his answer, denies all these allegations, and *96s…

2Cases cited4 opinions

  1. Denslow v. Van HornSupreme Court of Iowa · 1864
  2. Willard v. StoneNew York Supreme Court · 1827
  3. Martin v. PattonCourt of Appeals of Kentucky · 1822
  4. Fenton v. WilliamsSupreme Court of Missouri · 1833

3Cited by8 opinions

  1. Stratton v. DoleNebraska Supreme Court · 1895
  2. Broyhill v. NortonSupreme Court of Missouri · 1903
  3. Adams v. ByerlyIndiana Supreme Court · 1890
  4. Markham v. HerrickMissouri Court of Appeals · 1900
  5. Clemons v. SebaMissouri Court of Appeals · 1908

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API