Johnson v. . Jenkins
New York Court of Appeals
Appeal from the Supreme Court. Action for breach of promise of marriage. The plaintiff had a verdict for five thousand dollars at the circuit, and the judgment was affirmed at the general term,, in the third district.
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Appeal from the Supreme Court. Action for breach of promise of marriage. The plaintiff had a verdict for five thousand dollars at the circuit, and the judgment was affirmed at the general term,, in the third district. The defendant claimed a reversal, on the ground that two errors were committed by the judge at circuit, First, in permitting the following question to be put to a witness: How was Louisa (the - plaintiff), affected by the discontinuance of the defendant’s visits, and Secondly, in excluding the offer of the defendant to prove, in mitigation of damages, that the'defendant’s mother…
1Opinion of the CourtAllen, J.
The learned justice charged the jury, that this was one of a class of cases for which the law allowed what are called aggravated damages, that is, damages beyond and in no way measured by any proof of actual pecuniary loss or injury. By this I understand, that the jury were told, that in this class of actions, as in libel, slander, seduction, criminal conversation, &c., they were at liberty to give what are termed punitive damages, as distinguished from compensatory damages, that is, damages by way of punishment to the defendant, beyond what would fully compensate the plaintiff for the loss…
2Cases cited2 opinions
- Hunt v. . BennettNew York Court of Appeals · 1859
- M'Kee v. NelsonNew York Supreme Court · 1825
3Cited by29 opinions
- Haymond v. SaucerIndiana Supreme Court · 1882
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
- Thorn v. . KnappNew York Court of Appeals · 1870
- Kelley v. HighfieldOregon Supreme Court · 1887
- Morgan v. MuenchSupreme Court of Iowa · 1916
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