Meyer v. Virginius St. Julian Mayo
Appellate Division of the Supreme Court of the State of New York
Appeal by tibe defendant, Virginins St. Julian Mayo, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of May, 1916, directing defendant to answer certain questions which he had declined to answer on an examination before trial herein.
1Opinion of the Court
Page, J.:
The action is to recover damages for a breach of promise to marry. The facts, as alleged in the complaint and the affidavit to procure the order for the examination, are as follows:
On November 20, 1903, defendant promised to marry the plaintiff, and on April. 2, 1904, a marriage ceremony was performed by a minister, and thereafter the parties cohabited as man and wife for eleven years, when on or about March 9, 1915, the' plaintiff discovered that at the time of the promise and the marriage ceremony the defendant had been married; that the wife of the former marriage was living and…
2Cases cited14 opinions
- People v. MatherNew York Supreme Court · 1830
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- Floyd v. StateTexas Supreme Court · 1851
- Calhoun v. ThompsonSupreme Court of Alabama · 1876
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3Cited by10 opinions
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- Webb v. RosenstielNew York Supreme Court · 1970
- In re CappeauAppellate Division of the Supreme Court of the State of New York · 1921
- John Manners & Co. v. SohnenNew York Supreme Court · 1954
- June Fabrics, Inc. v. Teri Sue Fashions, Inc.New York Supreme Court · 1948
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