Legal Opinion

Jangraw v. Perkins

Supreme Court of Vermont

Decided December 19, 1903PublishedCited by 4 opinions

Apprar in ChancRry. Heard on demurrer to' tKe bill «of complaint at the March Term, 1903, Washington Co'unty, Stafford, Chancellor, presiding. Decree, pro forma, overruling the demurrer, and adjudging the bill sufficient. The defendant appealed. The opinion states the facts. To cause the marriage to happen was the thing that the defendant was to undertake. A mortgagor always undertakes to perform the condition of the mortgage.

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Apprar in ChancRry. Heard on demurrer to' tKe bill «of complaint at the March Term, 1903, Washington Co'unty, Stafford, Chancellor, presiding. Decree, pro forma, overruling the demurrer, and adjudging the bill sufficient. The defendant appealed. The opinion states the facts. To cause the marriage to happen was the thing that the defendant was to undertake. A mortgagor always undertakes to perform the condition of the mortgage. Tuttle v. Armstead, , 53 Conn. 175; Mitchell v. Burnham, 44 Me. 299; Cook v. Bartholomew, 60 Conn. 24. This is a marriage brokerage con- . tract, and so void. Crawford…

1Opinion of the CourtStafford, J.

A bill in chancery, which is demurred to. The'allegations are these:

The defendant being indebted to the complainant in the sum of five hundred dollars, in consideration thereof and to secure the payment of the same, gave him a mortgage on his land with a condition that it should be void if Revett, who was about to marry the complainant’s daughter should do so im*129mediately and should for six years support her to the best of his ability and otherwise perform the marriage contract. In the event of Revett’s failure in any respect, and three months’ notice thereof to the defendant, the latter was…

2Cases cited4 opinions

  1. Duval v. . WellmanNew York Court of Appeals · 1891
  2. Johnson's adm'r v. HuntCourt of Appeals of Kentucky · 1883
  3. White v. Equitable Nuptial Benefit UnionSupreme Court of Alabama · 1884
  4. Morrison v. RogersCalifornia Supreme Court · 1896

3Cited by4 opinions

  1. Wenninger v. MitchellMissouri Court of Appeals · 1909
  2. Braum v. Potter Title & Trust Co.Supreme Court of Pennsylvania · 1930
  3. Jangraw v. PerkinsSupreme Court of Vermont · 1905
  4. Jangraw v. PerkinsSupreme Court of Vermont · 1906

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