Palmer v. Andrews
New York Supreme Court
This was an action for breach of promise of marriage, tried at the Cayuga circuit, in January, 1830, before the Hon. Daniel Moseley, one of the circuit judges. In the summer of 1826, the plaintiff, then about 17 years of age, went to reside with her brother, who lived about 60 miles from the father’s residence, where she became acquainted with the defendant, who paid her some attention, and promised her marriage.
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This was an action for breach of promise of marriage, tried at the Cayuga circuit, in January, 1830, before the Hon. Daniel Moseley, one of the circuit judges. In the summer of 1826, the plaintiff, then about 17 years of age, went to reside with her brother, who lived about 60 miles from the father’s residence, where she became acquainted with the defendant, who paid her some attention, and promised her marriage. About the 1st of May, 1827, she returned to her father’s home, and shortly afterwards proving to be with child, the defendant was called upon to marry her ; he acknowledged his…
1Opinion of the Court
By the Court,
Sutherland, J.
The judge misdirected the jury in instructing them that the plaintiff was entitled to recover exemplary damages or nothing; that is, if the defendant was not entirely discharged from his promise of marriage by the reprehensible conduct of the plaintiff, he could not claim a mitigation of damages on the ground of such conduct. The rule in such case is clearly, and, as I apprehend, correctly stated, in Boynton v. Kellogg, 3 Mass. R. 189: The judge who tried the cause ruled, 1st. That if the plaintiff was of bad character at the time of the promise of marriage, and…
2Cases cited1 opinion
- Boynton v. KelloggMassachusetts Supreme Judicial Court · 1807
3Cited by15 opinions
- Bennett v. SmithNew York Supreme Court · 1856
- McKane v. . HowardNew York Court of Appeals · 1911
- Colburn v. MarbleMassachusetts Supreme Judicial Court · 1907
- Willard v. StoneNew York Supreme Court · 1827
- Espy v. JonesSupreme Court of Alabama · 1861
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