Wells v. Padgett
New York Supreme Court
This action was brought to recover damages for the breach of a marriage contract. The cause was tried at the Chenango circuit, in February, 1850, before H. Gray, justice. The plaintiff proved an admission by the defendant that he had promised to marry her, and a promise made to a third person that he would marry the plaintiff. It appeared that the plaintiff had given birth to a child, of which the defendant admitted himself to be the father.
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This action was brought to recover damages for the breach of a marriage contract. The cause was tried at the Chenango circuit, in February, 1850, before H. Gray, justice. The plaintiff proved an admission by the defendant that he had promised to marry her, and a promise made to a third person that he would marry the plaintiff. It appeared that the plaintiff had given birth to a child, of which the defendant admitted himself to be the father. The counsel for the plaintiff insisted, before the jury, that the seduction of the plaintiff by the defendant was in aggravation of the damages, and that…
1Opinion of the Court
By the Court, Mason, J.
In an action by a lady for a breach of promise of marriage, it is not necessary for the purpose of making out the mutual promises, which are requisite to support the action, to prove that the plaintiff, by words, consented to accept the defendant. The jury may infer such consent from the circumstances of her making no objections at the time, and from her receiving visits from the defendant as suitor, &c. It would be indelicate to expect that she should consent in words. •No doubt the jury must be satisfied that there were mutual promises. The jury have so found in this…
2Cases cited3 opinions
- Clark v. FitchNew York Supreme Court · 1829
- Brownell v. McEwenNew York Supreme Court · 1848
- Foster v. ScoffieldNew York Supreme Court · 1806
3Cited by23 opinions
- Fearon v. TreanorNew York Court of Appeals · 1936
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- Thorn v. . KnappNew York Court of Appeals · 1870
- Kelley v. HighfieldOregon Supreme Court · 1887
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