Hotchkins v. Hodge
New York Supreme Court
MOTION" for a new trial upon exceptions. The action was brought to recover damages for an alleged breach of a contract to marry. The defense was a general denial. The cause was tried before Justice Gould, at the Sullivan circuit, on the 19th day of September, 1861. Evidence was introduced on the part of the plaintiff, tending to show considerable intimacy between the parties', and particular attentions, at intervals of two or three weeks, for a considerable period of time.
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MOTION" for a new trial upon exceptions. The action was brought to recover damages for an alleged breach of a contract to marry. The defense was a general denial. The cause was tried before Justice Gould, at the Sullivan circuit, on the 19th day of September, 1861. Evidence was introduced on the part of the plaintiff, tending to show considerable intimacy between the parties', and particular attentions, at intervals of two or three weeks, for a considerable period of time. The plaintiff also testified (without objection) that the defendant said, “I (plaintiff) should not be any the worse for…
1Opinion of the Court
By the Court, Hogeboom, J.
The circuit judge allowed the plaintiff to testify that she was pregnant by the defendant at the time he abandoned her. This evidence was objected to as immaterial and irrelevant, and also as illegal and improper, for the reason that pregnancy furnished no legitimate reason for enhancing the damages. I think the evidence was properly received. The plaintiff had already testified, without objection, to the defendant’s promise that she should not be any the worse for him, nor come to any disgrace by him, and if she did he would marry her. To give effect to this…
2Cases cited1 opinion
- Wells v. PadgettNew York Supreme Court · 1850
3Cited by7 opinions
- Homan v. . EarleNew York Court of Appeals · 1873
- Martin v. PlattNew York Supreme Court · 1889
- Callahan v. StateIndiana Supreme Court · 1878
- Lawlor v. FrenchNew York Court of Common Pleas · 1895
- Bowe v. GanoNew York Supreme Court · 1876
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