Shackleford v. Hamilton
Court of Appeals of Kentucky
Case 17 — PETITION ORDINARY APPEAL FROM MASON CIRCUIT COURT. 1. Matrimonial intercourse is the principal end of marriage, and whore by reason of supervening disease or impotency this end can not bo answered, either party to a contract of marriage may refuse performance without incurring any liability: provided, the changed condition was not brought about by his fault.
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Case 17 — PETITION ORDINARY APPEAL FROM MASON CIRCUIT COURT. 1. Matrimonial intercourse is the principal end of marriage, and whore by reason of supervening disease or impotency this end can not bo answered, either party to a contract of marriage may refuse performance without incurring any liability: provided, the changed condition was not brought about by his fault. (Bishop on Marriage and Divorce, vol. 1, secs. 321, 322, 778, 779; Idem., vol. 2, sec. 581; Allen v. Baker, 86 N. C., 91; same case, 41 Am. Req>., 444; Minority Opinions in Hall v. "Wright, E. B. E.,p. 746; same case, 29, L. 3.…
1Opinion of the Court
JUDGE PRYOR
delivered tiie opinion oe the court.
Lena Hamilton, the plaintiff below and tbe appellee in this court, instituted the present action in the Mason circuit, in which she seeks to recover damages for the violation of the promise on the part of the appellant to marry her in pursuance of an agreement to that effect, entered into in the month of December of the year 1887, by the terms of which they were to marry in the fall of 1888; that subsequently and by mutual consent, the mar*83riage was postponed until the spring of 1889. No day was designated for the consummation of the contract, but…
2Cases cited1 opinion
- Allen v. . BakerSupreme Court of North Carolina · 1882
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