Espy v. Jones
Supreme Court of Alabama
Appeal ,1'rom tbe Circuit Court of Marengo. Tried beiore the,Hon. Robert Dougherty. This action was'-.brought by Maria F. Jones, against David Espy, to recover damages for a breach of promise of marriage. The defendant pleaded tbe general issue, “in short by consent, with leave to give any special matter in evidence.”
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Appeal ,1'rom tbe Circuit Court of Marengo. Tried beiore the,Hon. Robert Dougherty. This action was'-.brought by Maria F. Jones, against David Espy, to recover damages for a breach of promise of marriage. The defendant pleaded tbe general issue, “in short by consent, with leave to give any special matter in evidence.” On the trial, as tbe bill of exceptions states, ■-one of the plaintiff's sisters, who was examined as a witness on her behalf, testified, “ that she heard defendant, in .1853, ask plaintiff’s mother for her, and that, in 1854, plaintiff prepared her dress fro marry defendant;”…
1Opinion of the CourtR. W. Walker, J.
It. has been much questioned, whether, in an action to recover damages for the breach of a .promise of marriage, damages for seduction may be recovered. It has been, distinctly held in Kentucky and Pennsylvania, that in such action -seduction cannot be given in evidence in aggravation of the damages. — Weaver v. Bachert, 2 Barr, 80 ; Burks v. Shain, 2 Bibb, 341; see, also, Perkins v. Hersey, 1 R. I. 493. On the other hand, the rule adopted in Massachusetts, New York, and several other States, is, that where seduction has been practiced under -color of a promise-’-of marriage, the jury may…
2Cases cited8 opinions
- Wells v. PadgettNew York Supreme Court · 1850
- Boynton v. KelloggMassachusetts Supreme Judicial Court · 1807
- Wightman v. CoatesMassachusetts Supreme Judicial Court · 1818
- Tubbs v. KleekIllinois Supreme Court · 1851
- Palmer v. AndrewsNew York Supreme Court · 1831
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3Cited by9 opinions
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- Foster v. HanchettSupreme Court of Vermont · 1896
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