Willard v. Stone
New York Supreme Court
Assumpsit, for breach of promise of marriage; tried at the Oneida circuit, September 14th, 1825, before Williams, Q. Judge, ® At the trial, the plaintiff proved that the defendant had Promised to marry her; that he afterwards went a journey to the westward, and soon after his return, broke off all intimacy with her; and on an explanation being demanded ^ t^Le plaintiff’s friend, in the presence of both parties, he had given none. r^e defendant offered to prove, that during…
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Assumpsit, for breach of promise of marriage; tried at the Oneida circuit, September 14th, 1825, before Williams, Q. Judge, ® At the trial, the plaintiff proved that the defendant had Promised to marry her; that he afterwards went a journey to the westward, and soon after his return, broke off all intimacy with her; and on an explanation being demanded ^ t^Le plaintiff’s friend, in the presence of both parties, he had given none. r^e defendant offered to prove, that during his absence on pis journey, it was a subject of general rumor in the neighborhood, that one Frink had supplanted the…
1Opinion of the Court
Curia, per Sutherland, J.
The motion in arrest of *23ju^omen* i® founded on the infancy of the plaintiff. The decision in Hunt v. Peake, (5 Cowen, 475,)[1] disposes of this, objection. The contracts of infants are not void; but voidable at their election only. They are binding on those who contract with them ; and the precise point of the capacity of an infant to maintain an action on a contract of marriage, was much considered, and after several arguments, finally settled in Holt v. Ward Clarencieux, (2 Str. 937.) An infant plaintiff may maintain this action, though infancy will be a defence…
2Cases cited2 opinions
- Boynton v. KelloggMassachusetts Supreme Judicial Court · 1807
- Palmer v. AndrewsNew York Supreme Court · 1831
3Cited by12 opinions
- Cochran v. McClearySupreme Court of Iowa · 1867
- Roof v. StaffordNew York Supreme Court · 1827
- Jefford's Adm'r v. Ringgold & Co.Supreme Court of Alabama · 1844
- Cole v. HollidayMissouri Court of Appeals · 1877
- Robison v. RupertSupreme Court of Pennsylvania · 1854
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