Foster v. Hanchett
Supreme Court of Vermont
Breach of promise to marry. Plea, the general issue. Trial by jury at the May term, 1895, Windsor county, Taft, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. If the defendant ascertained, after making the contract to marry, that the plaintiff was unchaste, he was thereby absolved from his contract.
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Breach of promise to marry. Plea, the general issue. Trial by jury at the May term, 1895, Windsor county, Taft, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. If the defendant ascertained, after making the contract to marry, that the plaintiff was unchaste, he was thereby absolved from his contract. Boynton v. Kellogg, 3 Mass. 189 ; Willard v. Stone, 7 Cowen 22 ; Palmer v. Andrews, 7- Wend. 142 ; Irving v. Greenwood, 1 C. & P. 350 ; Capenhart v. Carradine, 4 Strob. 42 ; Butler v. Eschelman, 18 111. 44 ; Berry v. Baheman, 44 Me. 164 ; Bell v. Eatony 28 Ind. 468.…
1Opinion of the CourtRowell, J.
This is an action for the breach of a promise of marriage. No question was made but that a contract of marriage was entered into between the parties, but the defendant claimed that it was conditional, while the plaintiff claimed that it was absolute.
The defendant introduced testimony tending to show that the plaintiff was of loose and immodest character, and had been improperly and immodestly intimate with one Fuller, who was a married man ; that the plaintiff disclosed nothing of this to him, and that he did not know of it until after he had made the promise; and that when he learned of it,…
2Cases cited5 opinions
- Butler v. EschlemanIllinois Supreme Court · 1856
- Espy v. JonesSupreme Court of Alabama · 1861
- Cole v. HollidayMissouri Court of Appeals · 1877
- Berry v. BakemanSupreme Judicial Court of Maine · 1857
- McCarty v. CoffinMassachusetts Supreme Judicial Court · 1892
3Cited by4 opinions
- Colburn v. MarbleMassachusetts Supreme Judicial Court · 1907
- Garmong v. HendersonSupreme Judicial Court of Maine · 1915
- Barrett v. Vander-MuelenCourt of Appeals of Kentucky (pre-1976) · 1936
- Coombs v. FazzioCourt of Appeals of Texas · 1965