Legal Opinion

Chellis v. . Chapman

New York Court of Appeals

Decided January 13, 1891PublishedCited by 34 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 30, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action to recover damages for a breach of promise of marriage. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 30, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action to recover damages for a breach of promise of marriage. The facts, so far as material, are stated in the opinion. It was error to permit evidence of defendant’s general reputation as a man of wealth. (People v. Beach, 87 N. Y. 508; Kniffer v. McConnell, 30 id. 285; Crosier v. Craig, 47 Hun, 83; Code Civ. Pro. §§…

1Opinion of the CourtGray, J.

The plaintiff has recovered a verdict for $8,000, ;as damages for the breach by defendant of his promise to marry her. The proofs abundantly justified the jury in finding as they did, but the defendant insists that the trial judge erred in his rulings upon the evidence and in his charge. He does not raise any question about the fact of his agreement to marry the plaintiff, and, indeed, he could not well do so, as it was established out of 1ns own mouth. But he thinks his case was prejudiced by the admission 'of certain evidence, and by the way in which the trial judge submitted the question…

2Cases cited5 opinions

  1. Kniffen v. . McConnellNew York Court of Appeals · 1864
  2. Thorn v. . KnappNew York Court of Appeals · 1870
  3. Bennett v. BeamMichigan Supreme Court · 1880
  4. Allen v. . BakerSupreme Court of North Carolina · 1882
  5. Dain v. . WycoffNew York Court of Appeals · 1852

3Cited by34 opinions

  1. Smith v. . MatthewsNew York Court of Appeals · 1897
  2. Cohen v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1912
  3. Shafer v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1936
  4. Leavell v. LeavellMissouri Court of Appeals · 1905
  5. Colbert v. Home Indemnity Co.New York Supreme Court · 1965

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