Snell v. Bray
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Oroix County. It is alleged in the first count of the complaint that on February 10, 1875, there existed, and had for a long time theretofore existed, a contract of marriage between the defendant and the plaintiff Bertha (then Bertha Sunter), and that in consideration that she released him from said contract and the obligations thereof the defendant, on the day aforesaid, made and delivered to her a promise or agreement in writing…
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APPEAL from the Circuit Court for St. Oroix County. It is alleged in the first count of the complaint that on February 10, 1875, there existed, and had for a long time theretofore existed, a contract of marriage between the defendant and the plaintiff Bertha (then Bertha Sunter), and that in consideration that she released him from said contract and the obligations thereof the defendant, on the day aforesaid, made and delivered to her a promise or agreement in writing whereby he promised to pay her $3,000 for such release as soon as she should be hiarried. It is further alleged that on the…
1Opinion of the CourtLyoN, J.
The alleged errors assigned as grounds for a reversal of the judgment herein will be considered in their order.
1. At the commencement of the trial counsel for defendant objected to the admission of any evidence under the complaint, for the reason that it fails to state a cause of action. The point of the objection is that a release of the *159defendant by Bertha from tbe marriage contract is not a good consideration for bis promise to pay her a sum of money. Certainly tbe release of one party to a valid contract by tbe other party thereto is, ordinarily, a sufficient consideration for a promise…
2Cases cited3 opinions
- Barnes v. MartinWisconsin Supreme Court · 1862
- Brown v. EverhardWisconsin Supreme Court · 1881
- Hackett v. BonnellWisconsin Supreme Court · 1863
3Cited by21 opinions
- Nowack v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- McHugh v. McHughSupreme Court of Pennsylvania · 1898
- Georgia Railroad & Banking Co. v. LybrendSupreme Court of Georgia · 1896
- Jackson v. FarmerSupreme Court of Kansas · 1979
- Keesier v. StateIndiana Supreme Court · 1900
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