Allen v. . Baker
Supreme Court of North Carolina
Civil Action tried at Pall Term, 1881, of Wayne Superior Court, before Shipp, J. This action in which the plaintiff complains that J. B. Baker, the defendant’s intestate, was guilty of a breach of a contract of marriage with herself, was begun in the lifetime of the intestate. He died after filing his answer, and the defendant as his administrator was made a party.
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Civil Action tried at Pall Term, 1881, of Wayne Superior Court, before Shipp, J. This action in which the plaintiff complains that J. B. Baker, the defendant’s intestate, was guilty of a breach of a contract of marriage with herself, was begun in the lifetime of the intestate. He died after filing his answer, and the defendant as his administrator was made a party. It was insisted for the defendant that the action abated upon the death of his intestate, but His Honor held otherwise, and directed the trial to proceed, to which the defendant excepted. The plaintiff alleged that the said Baker…
1Opinion of the CourtRuffin, J.
In Shuler v. Millsaps, 71 N. C. 297, the act of 1868-69, (Bat. Rev. ch. 45 §§ 113, 114.) received a construction by this court, and it was held that by reason of the provisions thereof, an action for a breach of promise of marriage did not abate upon the death of the defendant, but survived as against his personal representative. We feel ourselves bound by that decision, though were it an open question, we are inclined to think we should hold differently, in a case like that and the present one, in which no special damages were laid in the complaint.
As stated by His Plonor, contracts of this…
2Cases cited2 opinions
- Sprague v. CraigIllinois Supreme Court · 1869
- Shuler v. . MillsapsSupreme Court of North Carolina · 1874
3Cited by24 opinions
- Stanback v. StanbackSupreme Court of North Carolina · 1979
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Lamm v. ShingletonSupreme Court of North Carolina · 1949
- Chellis v. . ChapmanNew York Court of Appeals · 1891
- Strother v. Aberdeen & Ashboro RailroadSupreme Court of North Carolina · 1898
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