Booren v. McWilliams
North Dakota Supreme Court
Appeal from District Court, Towner County, A. G. Burr, Special ■Judge. From a judgment in plaintiff’s favor and from an order denying a motion for a new trial, defendant appeals. When an express promise of marriage is pleaded, as in this case, the promise or contract cannot be shown, inferred, or implied from acts and ■conduct.
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Appeal from District Court, Towner County, A. G. Burr, Special ■Judge. From a judgment in plaintiff’s favor and from an order denying a motion for a new trial, defendant appeals. When an express promise of marriage is pleaded, as in this case, the promise or contract cannot be shown, inferred, or implied from acts and ■conduct. Eeynolds v. Curry, 81 Kan. 443, 105 Pac. 437; Bleiler v. Koons, 132 Pa. 101, 19 Atl. 140. Where conduct of parties is relied upon as establishing a promise, ■evidence is restricted and limited to open, visible, or public conduct of the parties toward each other. Wrynn…
1Opinion of the Court
Fisk, Ch. J.
Action to recover damages for breach of promise of marriage aggravated by seduction. Plaintiff had judgment in the court below for $10,000, and costs. Defendant appeals both from the judgment and from an order denying his motion for a new trial. The cause was here on a former appeal, and for a general statement of the facts, see opinion in 26 N. D. 558, 145 N. W. 410, Ann. Cas. 1916A, 388.
Appellant relies upon the specifications urged on his motion for a new trial in the district court. These are four in number as follows:
“1. Insufficiency of the evidence to justify the verdict.
“2.…
2Cases cited15 opinions
- Liese v. MeyerSupreme Court of Missouri · 1898
- Bennett v. BeamMichigan Supreme Court · 1880
- Geiger v. PayneSupreme Court of Iowa · 1896
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- Marshall v. TaylorCalifornia Supreme Court · 1893
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