Schell v. Plumb
New York Supreme Court
Defendant’s testator, in 1856, agreed with plaintiff, for a valuable consideration, to provide her with support and a home for her life. On his death, in 1870, his provision for her maintenance ceased, and she now sued his executors. On the trial plaintiff claimed entire damages for the breach, and was allowed to put in evidence the Northampton tables to prove her probabilities of life.
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Defendant’s testator, in 1856, agreed with plaintiff, for a valuable consideration, to provide her with support and a home for her life. On his death, in 1870, his provision for her maintenance ceased, and she now sued his executors. On the trial plaintiff claimed entire damages for the breach, and was allowed to put in evidence the Northampton tables to prove her probabilities of life. The plaintiff’s evidence in support of the contract , was partly contradicted by a witness, Harris, who testified that plaintiff had told him matters indicating that she was with the testator as a servant, or…
1Opinion of the Court
By the Court.*—
Miller, P. J.
This action was brought for damages sustained by a breach of a contract made by the defendants’ testator, in his life, for the support of the plaintiff, and the main question to be determined is, whether an action for entire damages can be maintained for a breach of a contract of this -character. While the question is not entirely free from embarrassment, and there are difficulties in many cases in recovering for prospective damages, yet the rule is well settled that such damages may be allowed. In actions for personal injuries occasioned by another, •such- damages…
2Cases cited2 opinions
- Shaffer v. LeeNew York Supreme Court · 1850
- Dresser v. DresserNew York Supreme Court · 1862
3Cited by2 opinions
- Patchin v. . the Astor Mutual Insurance Co.New York Court of Appeals · 1855
- Clark v. Society of Saint James' ChurchNew York Supreme Court · 1880