Boynton v. Kellogg
Massachusetts Supreme Judicial Court
Case for a breach of promise of marriage and seduction. Upon the general issue pleaded, the cause was tried before Sedgwick, J., at the last May term, in this county.
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Case for a breach of promise of marriage and seduction. Upon the general issue pleaded, the cause was tried before Sedgwick, J., at the last May term, in this county. It appears from the judge's report, that, after the evidence of the defendant’s promise, and of the breach of it, was given to the jury, the defendant gave in evidence the circumstances, condition, and age of the parties respectively, and also evidence of instances of the misconduct and impropriety and indelicacy of the behavior of the plaintiff, as well before as after the defendant’s promise, and before the breach of it. On…
1Opinion of the CourtParker, J.
The opinions held by the judge in the trial of this, cause were very liberal. It appears that the defendant was permitted to give in evidence any instances of misconduct, and even of indelicacy, in the plaintiff; and that, failing to produce proof of any such instances, his counsel desired to go into an inquiry respecting her general character. This was, in my opinion, very properly denied. It appears, from the declaration in this case, that the plaintiff had been seduced by the defendant, and that pregnancy was the consequence of the seduction. This, of itself, would degrade her in the…
2Cited by22 opinions
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