Johnson v. Caulkins
New York Supreme Court
This was an action on a promise of marriage. Plea the general issue. The cause was tried before Mr. Chief Justice Lansing, at the last sittings in Albany.
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This was an action on a promise of marriage. Plea the general issue. The cause was tried before Mr. Chief Justice Lansing, at the last sittings in Albany. The promise and breach were fully proved; and it appeared, that after the promise, to wit, on the 9th of July, 1797, the defendant left the town of Troy, where both parties resided, and [*117] *went to the West Indies; that shortly after his departure, the plaintiff was discovered to be in a state of pregnancy, and was delivered of a child on the 4th April, 1798; that the defendant returned to Troy, in the month of June, 1798, when he…
1Opinion of the CourtBenson, J.
I am of opinion, that with a view to the question of damages, the defendant ought to have been permitted to show licentious conduct in the plaintiff, and her general character as to sobriety and virtue, without any limitation of time. The object of this action is not merely a com- ' pensation for the immediate injury sustained, but damages for the loss of reputation.' This must necessarily depend • *141on the general conduct of the party *subsequent [*118] to, as well as previous to the injury complained of, and the damages to be recovered, as in actions for defamation, ought to be regulated by all…
2Cases cited2 opinions
- Boynton v. KelloggMassachusetts Supreme Judicial Court · 1807
- Palmer v. AndrewsNew York Supreme Court · 1831
3Cited by5 opinions
- Denslow v. Van HornSupreme Court of Iowa · 1864
- McKane v. . HowardNew York Court of Appeals · 1911
- Brisack v. KingAppellate Division of the Supreme Court of the State of New York · 1921
- Le Roy v. JamisonU.S. Circuit Court for the District of California · 1875
- Clements v. MooreSupreme Court of Alabama · 1847