Sherman v. Rawson
Massachusetts Supreme Judicial Court
Contract for breach of a promise of marriage. The defendant denied the promise. At the trial in the superior court, before Devens, J., it appeared that there had been sexual intercourse between the plaintiff and defendant, and the plaintiff had been delivered of a child. The plaintiff contended that this intercourse was procured oy her seduction by the defendant, brv the defendant contended that it was without solicitation on his part.
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Contract for breach of a promise of marriage. The defendant denied the promise. At the trial in the superior court, before Devens, J., it appeared that there had been sexual intercourse between the plaintiff and defendant, and the plaintiff had been delivered of a child. The plaintiff contended that this intercourse was procured oy her seduction by the defendant, brv the defendant contended that it was without solicitation on his part. The plaintiff put in evidence the deposition of Augusta Griffith, who testified that the defendant frequently brought the plaintiff to his house, paid for her…
1Opinion of the CourtColt, J.
The defendant’s prayers for instructions were al. given substantially as asked for, except the first and fifth. In *399these the court was further asked to rule, in substance, that the alleged seduction could not in any event aggravate the damages; that it was not an element directly or indirectly to be considered by the jury in estimating ,what amount the plaintiff should recover, although her mortification and distress of mind had been thereby increased;. and that whatever mortification she had suffered from her own criminal conduct could not be taken into account. These rulings were properly…
2Cases cited4 opinions
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- Wells v. PadgettNew York Supreme Court · 1850
- Paul v. FrazierMassachusetts Supreme Judicial Court · 1807
- Tubbs v. KleekIllinois Supreme Court · 1851
3Cited by19 opinions
- Kelley v. RileyMassachusetts Supreme Judicial Court · 1871
- Thibault v. LalumiereMassachusetts Supreme Judicial Court · 1945
- Jekshewitz v. GroswaldMassachusetts Supreme Judicial Court · 1929
- McKinsey v. SquiresWest Virginia Supreme Court · 1889
- Daggett v. WallaceCourt of Appeals of Texas · 1889
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