Trammell v. Vaughan
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. B. M. Hughes, Judge. (1) Marriage differs in many particnlars from ordinary, general or commercial contracts. It is more than a mere civil contract — it is a matter of State concern, and tbe State is a party to tbe bargain which, a man and woman make when they become bnsband and wife. And a contract to marry is assumed to be made for tbe purpose of mutual comfort and happiness.
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Appeal from Audrain Circuit Court. — Hon. B. M. Hughes, Judge. (1) Marriage differs in many particnlars from ordinary, general or commercial contracts. It is more than a mere civil contract — it is a matter of State concern, and tbe State is a party to tbe bargain which, a man and woman make when they become bnsband and wife. And a contract to marry is assumed to be made for tbe purpose of mutual comfort and happiness. Blank v. Nolil, 112 Mo. 159; State v. Bittick, 103 Mo. 183; Dyer v. Brannock, 2 Mo. App. 432; Allen v. Baker, 86 N. Car. 91; Duntze v. levett, Eerg. 385. (2) It is implied as a…
1Opinion of the CourtMarshall, J.
The plaintiff sues the defendant for damages for breach of contract of marriage. The petition is in two counts. The first count alleges a contract of marriage entered into between the parties on December 4, 1896, to be performed at Hartsburg, Boone county, on December 6, 1896; the procuring of the necessary marriage license, by the defendant, from the recorder of Cole county; the public announcement of the contract; the meeting of the parties at *218the appointed time and place; the willingness and offer of the plaintiff and the positive refusal of the defendant to carry out the contract; and…
2Cases cited13 opinions
- Commonwealth v. StrattonMassachusetts Supreme Judicial Court · 1873
- Allen v. . BakerSupreme Court of North Carolina · 1882
- State v. BittickSupreme Court of Missouri · 1890
- Mabin v. WebsterIndiana Supreme Court · 1891
- Sanders v. ColemanSupreme Court of Virginia · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fearon v. TreanorNew York Court of Appeals · 1936
- Williams v. Kansas City Public Service CompanySupreme Court of Missouri · 1956
- Hilderbrand v. AndersonMissouri Court of Appeals · 1954
- Bowie v. TrowbridgeSupreme Court of Iowa · 1916
- Beans v. DennySupreme Court of Iowa · 1908
11 more not listed; retrieve them via the Exa API.