Massucco v. Tomassi
Supreme Court of Vermont
Assumpsit for breach of promise to marry. Plea, the general issue, and notice. Trial by jury at the March Term, 1907, Washington County, Miles, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. This case has been once before in the Supreme Court, see 78 Vt. 188. It-was error to exclude defendant’s evidence offered in rebuttal of plaintiff’s evidence of defendant’s declarations as to his financial condition.
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Assumpsit for breach of promise to marry. Plea, the general issue, and notice. Trial by jury at the March Term, 1907, Washington County, Miles, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. This case has been once before in the Supreme Court, see 78 Vt. 188. It-was error to exclude defendant’s evidence offered in rebuttal of plaintiff’s evidence of defendant’s declarations as to his financial condition. Casey v. Gill, 154 Mo. 184; Sprague v. Craig., 51 111. 288; Wilbur v. Johnson, 58 Mo. 600. As the declaration alleges no right of action under the law of Italy…
1Opinion of the CourtRowell, C. J.
The original declaration contains but one count, which alleges with time but not with place, that the defendant promised to marry the plaintiff. It then alleges that at such another time, at such a place in Italy, for the purpose of deceiving the plaintiff, the defendant had the marriage ceremony performed by a priest in a Roman Catholic church, which was not a legal marriage, as the defendant well knew, and that he then and there promised to have a civil marriage performed; and afterwards, at divers times, changed the time and place of having said marriage performed; at one time promising to…
2Cases cited8 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Carpenter v. WilleySupreme Court of Vermont · 1892
- Posnett v. MarbleSupreme Court of Vermont · 1890
- Briggs v. President of the Nantucket BankMassachusetts Supreme Judicial Court · 1809
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3Cited by16 opinions
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- State v. OrlandiSupreme Court of Vermont · 1934
- Paul v. DrownSupreme Court of Vermont · 1937
- State v. DonaluzziSupreme Court of Vermont · 1920
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