Denslow v. Van Horn
Supreme Court of Iowa
Appeal from Benton District Court. Action by plaintiff for breach of marriage promise. Answer: 1st. In denial; 2d. General bad character of the plaintiff for chastity, in ignorance of which the defendant’s promise was made; 3d.
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Appeal from Benton District Court. Action by plaintiff for breach of marriage promise. Answer: 1st. In denial; 2d. General bad character of the plaintiff for chastity, in ignorance of which the defendant’s promise was made; 3d. That after the making of the promises alleged in the petition, the plaintiff, on divers occasions and with divers persons, conducted herself “in an unchaste and improper manner, and wholly unbecoming a chaste and virtuous woman, and so as to render her an unfit companion for defendant; ”■ and 4th. Abandonment of the contract to the plaintiff. Upon these issues, the…
1Opinion of the Court
DilloN, J. —
I. By the testimony, all of which is before us, it appeared that some eleven years before the trial the plaintiff had given birth to an illegitimate child. The plaintiff testified that the defendant knew this fact, and that she told him that its father’s name was Reed. Upon this point the defendant’s testimony is silent.
At' the plaintiff’s instance the Court, with reference to this subject, directed the jury as follows: “If the jury believe, from the evidence, when, he promised to marry' the plaintiff he knew that she was the mother of an illegitimate child, then the defendant…
2Cases cited4 opinions
- Southard v. RexfordNew York Supreme Court · 1826
- Byrket v. MonohonIndiana Supreme Court · 1844
- Burnett v. SimpkinsIllinois Supreme Court · 1860
- Johnson v. CaulkinsNew York Supreme Court · 1799
3Cited by16 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Haymond v. SaucerIndiana Supreme Court · 1882
- Kelley v. HighfieldOregon Supreme Court · 1887
- Bowman v. BowmanIndiana Supreme Court · 1899
- Hendrickson v. KingsburySupreme Court of Iowa · 1866
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