Grubb's adm'r v. Sult
Supreme Court of Virginia
This case was argued at Wytheville, but decided at Staunton. It was an action of assumpsit, brought in the circuit court of Wythe county by Nancy Suit against Francis Grubb, administrator of Isaiah F. Grubb, deceased, for an alleged breach of promise of marriage, made by the decedent to the plaintiff in his lifetime. No special damages are alleged in the declaration. The defendant demurred to the declaration, and to each count, but the court overruled the demurrer.
Read the full summary
This case was argued at Wytheville, but decided at Staunton. It was an action of assumpsit, brought in the circuit court of Wythe county by Nancy Suit against Francis Grubb, administrator of Isaiah F. Grubb, deceased, for an alleged breach of promise of marriage, made by the decedent to the plaintiff in his lifetime. No special damages are alleged in the declaration. The defendant demurred to the declaration, and to each count, but the court overruled the demurrer. He then pleaded non assumpsit, and non assumpsit within one year. To the latter plea the plaintiff demurred, and the court…
1Opinion of the CourtStaples, J.
The only question to be decided in this case is, Whether an action for a breach of promise of marriage lies against the personal representative of the promisor.
The counsel for the defendant in error insist that at common law the personal representative may sue or be sued upon all contracts of the deceased, especially where the breach has been incurred in the lifetime of the parties, and that a contract founded on a promise of marriage is no exception to the rule. They further insist that if they are mistaken in this view, and the action is not maintainable according to the rules of common…
2Cases cited2 opinions
- Dillard v. CollinsSupreme Court of Virginia · 1874
- Lattimore v. SimmonsSupreme Court of Pennsylvania · 1825
3Cited by20 opinions
- Winston v. GordonSupreme Court of Virginia · 1914
- Kuhn v. BrownfieldWest Virginia Supreme Court · 1890
- Birmingham v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1900
- Lee's Adm'r v. HillSupreme Court of Virginia · 1891
- Enoch v. CommonwealthSupreme Court of Virginia · 1925
15 more not listed; retrieve them via the Exa API.