Powell v. Moeller
Supreme Court of Missouri
Appeal from Gasconade Circuit. Court. — Hon. Rudolph Hiezel, Judge. (1) The contract, if any was made, was an immoral one, and will not be enforced. Anson on Contracts, p. 179, and cases there cited; Atherly on Marriages, p. 390, et seq.; 2 Parsons on Contracts [6 Ed.] p. 67 ; 1 Story on Contracts [ 5 Ed.
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Appeal from Gasconade Circuit. Court. — Hon. Rudolph Hiezel, Judge. (1) The contract, if any was made, was an immoral one, and will not be enforced. Anson on Contracts, p. 179, and cases there cited; Atherly on Marriages, p. 390, et seq.; 2 Parsons on Contracts [6 Ed.] p. 67 ; 1 Story on Contracts [ 5 Ed. J sec. 541; 1 Story on Contracts [6 Ed.] sec. 582; Kent’s Commentaries [2 Ed.] sec. 39, p. 466. The plaintiff in her testimony says, “ I allowed Moeller to have intercourse with me, because he promised to marry me.” This brings the case within the rule mentioned in the foregoing authorities,…
1Opinion of the CourtGantt, P. J.
This is an action founded on a breach of promise to marry and aggravated by seduction, accomplished under and by means of the promise. The parties are both residents of Gasconade county. The defendant was a man of mature years, of considerable *474wealth, the father of a family, and a widower. Plaintiff was a yonng woman, a domestic servant in the house. She had lived with him two years during the lifetime of his wife. There was evidence on her part of the promise to marry, corroborated by other witnesses.
Defendant was a witness. He did not deny the ■seduction. He contented himself by denying the…
2Cited by5 opinions
- Boedges Ex Rel. Boedges v. DingesMissouri Court of Appeals · 1968
- Erwin v. JonesMissouri Court of Appeals · 1916
- Sponable v. OwensMissouri Court of Appeals · 1902
- Parker v. BrunerSupreme Court of Missouri · 1985
- Parker v. BrunerSupreme Court of Missouri · 1985