Legal Opinion

McKane v. . Howard

New York Court of Appeals

Decided May 16, 1911PublishedCited by 14 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 19, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The action is to recover the damages sustained by plaintiff through the alleged breach by defendant of a contract between the parties to intermarry.

Read the full summary

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 19, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The action is to recover the damages sustained by plaintiff through the alleged breach by defendant of a contract between the parties to intermarry. The complaint alleged the contract, its breach by defendant and that plaintiff subsequent to the making of it and confiding in it entered into illicit relations with defendant, by reason of which she gave birth to a child. The answer denied those…

1Opinion of the CourtCollin, J.

The trial justice declined to admit, as a part of the plaintiff’s case, testimony that her reputation for chastity was good, and that ruling became the law for that trial. The prominent question presented for our determination by the record is: Does the introduction by the defendant, in an action for a breach of a promise of marriage, of testimony supporting the pleaded defense that the plaintiff had committed fornication with a person or persons other than the defendant, invest the plaintiff with the right to introduce testimony that the reputation of the plaintiff for chastity was good?…

2Cases cited15 opinions

  1. Stover v. . People of the State of N.Y.New York Court of Appeals · 1874
  2. Kniffen v. . McConnellNew York Court of Appeals · 1864
  3. Haymond v. SaucerIndiana Supreme Court · 1882
  4. Thorn v. . KnappNew York Court of Appeals · 1870
  5. Cancemi v. . the PeopleNew York Court of Appeals · 1858

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Noonan v. . LutherNew York Court of Appeals · 1912
  2. Garmong v. HendersonSupreme Judicial Court of Maine · 1915
  3. Syfert v. SolomonCalifornia Court of Appeal · 1928
  4. Drexler v. ZohlenWisconsin Supreme Court · 1934
  5. Derrick v. . WallaceNew York Court of Appeals · 1916

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API