Greenleaf v. McColley
Superior Court of New Hampshire
Assumpsit, to recover damages for the breach of a contract of marriage. The action was commenced on the 22d day of May, 1840. At the trial of the case upon the general issue, the plaintiff proved that the defendant expressly promised to marry her, and that in the month of January, 1840, he was married to another.
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Assumpsit, to recover damages for the breach of a contract of marriage. The action was commenced on the 22d day of May, 1840. At the trial of the case upon the general issue, the plaintiff proved that the defendant expressly promised to marry her, and that in the month of January, 1840, he was married to another. In order to enhance the damages, the plaintiff offered in evidence a letter written by the defendant and addressed to her, dated since the commencement of the suit, containing many gross and indecent expressions, and accusing her of want of chastity, and of having had an illicit…
1Opinion of the CourtGilchrist, J.
The rale seems to have been settled and acted upon from an early period, that, in personal actions, damages are allowed only to the time of the commencement of the suit. Com. Dig., Damages, (D.) In the case of Hambleton vs. Veere, 2 Saund. 169, the plaintiff declared *304for procuring his apprentice to depart from his service, and for the loss of his service for the whole residue of the term of his apprenticeship, and the jury assessed damages generally. The ■court held that he ought to have recovered damages for the loss of service until the exhibiting of the bill only, and no more, and judgment…
2Cases cited2 opinions
- Stiles v. TilfordNew York Supreme Court · 1833
- Chesley v. ChesleySuperior Court of New Hampshire · 1839