Clark v. Reese
Court of Appeals of Texas
Appeal from McLennan. Tried below before John G-. Winter, Esq., Special Judge. Lena Beese sued and recovered judgment against Sam.
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Appeal from McLennan. Tried below before John G-. Winter, Esq., Special Judge. Lena Beese sued and recovered judgment against Sam. F. Clark for breach of promise of marriage, and defendant appealed. ■ The court’s charge upon the subject of immoral consideration was as follows: “If you believe from the evidence that such contract when made, if you find that such contract was made, was made upon consideration that plaintiff would then, and prior to marriage, submit her person to de■fendant and have sexual intercourse with plaintiff [defendant], then the plaintiff can not recover.”
1Opinion of the Court
COLLARD, Associate Justice.
This is a suit brought by appellee, "Lena Reese, against appellant, Sam F. Clark, for damages ffor alleged breach of contract of marriage. The suit was filed November 29, 1899, and plaintiff alleges that the contract of marriage was made between the parties about the 1st day of September, 1898, and that no definite time was fixed for the marriage, but when the fixing of the time was discussed defendant deferred it until he should build a certain brick house, .an addition to his storehouse, to be used as a place of residence; and that • defendant deferred the time of…
2Cases cited7 opinions
- Thouvenin v. LeaTexas Supreme Court · 1863
- Sheahan v. BarryMichigan Supreme Court · 1873
- Goddard v. WestcottMichigan Supreme Court · 1890
- Blackburn v. MannIllinois Supreme Court · 1877
- Denslow v. Van HornSupreme Court of Iowa · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Groce v. West Lumber Co.Court of Appeals of Texas · 1913
- Miller v. EldridgeCourt of Appeals of Texas · 1926
- Orange N.W. R. Co. v. TatumCourt of Appeals of Texas · 1924
- Gutierrez v. UribeCourt of Appeals of Texas · 1937