Guptill v. Verback
Supreme Court of Iowa
Appeal from Howard District Court. Action to recover damages for the bréach of a marriage contract. The defendant pleaded a general denial, and that plaintiff, prior to the alleged promise, had sexual intercourse with other men, and was.a woman of bad, immoral and unchaste character, all of which was unknown to the defendant at the time the promise was made. Trial before a jury, verdict and judgment for the plaintiff, and defendant appeals.
1Opinion of the Court
Seevers, Ch. J.
1. PROMISE OF MARRIAGE: breach of : privileged communications. I. We are not prepared to say the errors assigned, based upon the admission of evidence, are well taken, and it is not deemed necessary to state our reasons, , , . . except as to a single one, which is deemed the most important. The defendant called doctor Price as a witness in his behalf. It was shown the witness knew the plaintiff and had seen her about four years previous to the trial. Whereupon the defendant asked the witness the following question: “ At the time you saw her, did she ask your advice in relation…
2Cases cited2 opinions
- Campau v. NorthMichigan Supreme Court · 1878
- State ex rel. Doerflinger v. HilmantelWisconsin Supreme Court · 1868
3Cited by3 opinions
- Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
- Van Wie v. United StatesDistrict Court, N.D. Iowa · 1948
- Lauer v. BanningSupreme Court of Iowa · 1908