Tobin v. Shaw
Supreme Judicial Court of Maine
Assumpsit for an alleged breach of promise to marry the plaintiff. The trial, before Cutting, J., at the August term, 1857, resulted in a verdict for the plaintiff. The case is presented to the full Court, on Exceptions to various rulings and instructions of the presiding Judge at the trial.
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Assumpsit for an alleged breach of promise to marry the plaintiff. The trial, before Cutting, J., at the August term, 1857, resulted in a verdict for the plaintiff. The case is presented to the full Court, on Exceptions to various rulings and instructions of the presiding Judge at the trial. It appears by the bill of exceptions that at the trial the plaintiff called Harriet Bishop, who testified that she was plaintiff’s sister; had seen letters from defendant in plaintiff’s possession, some twenty or more; she, (witness,) had the bundle of letters in her possession at her father’s, in 1848,…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney, C. J.
This action is for the recovery of damages for the alleged breach of the promise of the defendant to marry the plaintiff. It was proved that letters were written and sent by him to her, one of which was dated in 1848, and all the others were previous to that time. It did not appear that he had visited her subsequent to 1849, and in 1854 she destroyed his letters. At the trial, she offered the secondary evidence of the contents of these letters, which was objected to by the defendant, but received after evidence was introduced to show the…
2Cases cited1 opinion
- Blade v. NolandNew York Supreme Court · 1834
3Cited by12 opinions
- Massie v. HutchesonTexas Commission of Appeals · 1925
- Carney v. StateSupreme Court of Alabama · 1885
- Higginbotham v. StateSupreme Court of Florida · 1900
- Tuttle v. ShortWyoming Supreme Court · 1930
- Gibbs v. PotterIndiana Supreme Court · 1906
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