Schubkagel v. Dierstein
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO 2 OF ALLEGHENY COUNTY. No. 84 October Term 1889, Sup. Ct.; court below, No. 236 October Term 1887, C. P. No. 2. On September 2, 1887, Mary Schubkagel brought assumpsit against Joseph Dierstein to recover damages for an alleged breach of a contract to marry the plaintiff. The defendant pleaded not guilty.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO 2 OF ALLEGHENY COUNTY. No. 84 October Term 1889, Sup. Ct.; court below, No. 236 October Term 1887, C. P. No. 2. On September 2, 1887, Mary Schubkagel brought assumpsit against Joseph Dierstein to recover damages for an alleged breach of a contract to marry the plaintiff. The defendant pleaded not guilty. At the trial on January 31, 1889, the following facts were shown: In June, 1887, the defendant, then about sixty-eight years of age, lived with his wife in one end of a double house, belonging to himself, situated in the city of Allegheny.…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
This suit was brought on September 2, 1887, and the plaintiff was then sixty-four and the defendant sixty-eight years old. She became a widow in 1885, and he a widower on June 15, 1887. According to her claim, he commenced courting her on the 1st of July, and on the 15th of that month promised to marry her. While the courtship, as described by her and her witnesses, was brief, it was unremitting and ardent; and in consequence of it the aged suitor became a defendant in a prosecution for the crime of fornication and in an action for breach of promise of marriage.
We…
2Cases cited2 opinions
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