Hickey v. Kimball
Supreme Judicial Court of Maine
On motion and exceptions by defendant. This is an action for breach of promise of marriage wherein seduction is alleged in aggravation of damages. Plea, general issue with brief statement alleging a waiver 'by plaintiff and release from promise, if any. That the alleged promise of marriage by 'him, was conditional upon the plaintiff’s conducting herself in. a womanly manner, which condition was broken and disregarded by her.
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On motion and exceptions by defendant. This is an action for breach of promise of marriage wherein seduction is alleged in aggravation of damages. Plea, general issue with brief statement alleging a waiver 'by plaintiff and release from promise, if any. That the alleged promise of marriage by 'him, was conditional upon the plaintiff’s conducting herself in. a womanly manner, which condition was broken and disregarded by her. The jury returned a verdict for the plaintiff for $3500, and the defendant excepted to certain rulings of the presiding Justice and filed a general motion for a new…
1Opinion of the CourtKing, J.
This case is before 'the Law Court on defendant’s exceptions and motion for a new trial. It is an action for a breach of promise of marriage, wherein seduction is alleged in aggravation of the damages. The verdict was $3500.
It is contended in support of the exceptions that it was incompetent to allow evidence of the alleged seduction. There are a very few decisions which so hold. The reason given for those decisions is, that, since a woman is not permitted, at common law, to recover for her seduction, she should not be permitted to do so indirectly by showing a seduction to increase her…
2Cases cited20 opinions
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- Kelley v. RileyMassachusetts Supreme Judicial Court · 1871
- Liese v. MeyerSupreme Court of Missouri · 1898
- Sheahan v. BarryMichigan Supreme Court · 1873
- Geiger v. PayneSupreme Court of Iowa · 1896
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3Cited by2 opinions
- Waddell v. BriggsSupreme Judicial Court of Maine · 1978
- Hasted v. Van WagnenMichigan Supreme Court · 1928