Hook v. George
Massachusetts Supreme Judicial Court
Contract for breach of a promise of marriage. Writ dated August 16, 1867. The declaration alleged “ that the plaintiff and the defendant mutually promised to marry each other, and she has always been ready to marry the defendant, but the defendant refuses to perform his promise,” &o.
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Contract for breach of a promise of marriage. Writ dated August 16, 1867. The declaration alleged “ that the plaintiff and the defendant mutually promised to marry each other, and she has always been ready to marry the defendant, but the defendant refuses to perform his promise,” &o. At September term 1869 of the superior court, after the decision reported 100 Mass. 331, the defendant was allowed to amend his answer so as to allege “ that he does not deny, but admits that he did promise to marry the plaintiff, about the month of November 1866 ; that he did not refuse to marry the plaintiff,…
1Opinion of the CourtAmes, J.
The plaintiff alleges in her declaration, that she and the defendant were engaged to be married to each other; that she was always ready on her part to fulfil the engagement; and that the contract was broken by the defendant. All these are material averments, as to which the burden of proof is upon her. The answer of the defendant admits that the promise was made, but in all other respects it is, in our judgment, a mere denial of her allegations. It is true that it contains several averments, which in form and expression appear to be affirmative in their nature, but which on examination will…
2Cited by8 opinions
- Hayden v. StoneMassachusetts Supreme Judicial Court · 1873
- Foster v. WorthingMassachusetts Supreme Judicial Court · 1888
- Smith v. HallSupreme Court of Connecticut · 1897
- Graham v. MartinIndiana Supreme Court · 1878
- Garmong v. HendersonSupreme Judicial Court of Maine · 1914
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