Kelley v. Riley
Massachusetts Supreme Judicial Court
Contract for breach of promise of marriage. The declaration did not allege special damage. At the trial in the superior court, before Brigham, C. J., evidence was introduced tending to show that the defendant was a married man at the time of the promise.
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Contract for breach of promise of marriage. The declaration did not allege special damage. At the trial in the superior court, before Brigham, C. J., evidence was introduced tending to show that the defendant was a married man at the time of the promise. The defendant requested the judge to rule that, if the defendant was married at the time of the promise, the action could not be maintained; but he declined so to rule, and ruled that the action could be maintained, although the defendant was married at the time of the promise, if the plaintiff was ignorant thereof. The plaintiff offered…
1Opinion of the CourtColt, J.
Both parties present exceptions. The defendant died after his exceptions, taken during the trial of the case to the jury, were filed in the court below, and before they were allowed by the presiding judge. The action could not be continued to summon in the administrator, because, as no special damage is alleged, it does not survive. The authority of the attorney employed by the defendant of course terminated with his death. Stebbins v. Palmer, 1 Pick. 71. Smith v. Sherman, 4 Cush. 408. The plaintiff under these circumstances excepts both to the allowance of the defendant’s exceptions, and the…
2Cases cited1 opinion
- Sherman v. RawsonMassachusetts Supreme Judicial Court · 1869
3Cited by52 opinions
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- Boor v. LowreyIndiana Supreme Court · 1885
- Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1917
- Boody v. WatsonSupreme Court of New Hampshire · 1886
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