Warner v. Benham

— Suit for damages resulting from a breach of promise of marriage. The complaint alleged the promise of marriage, sexual relations resulting therefrom, the breach of the promise, the wealth, prominence and social standing of the defendant. Pending the trial he died, and the only question before us is whether the cause of action was buried with him. The trial court held that it was.

Actions of this character by or against the personal representatives of deceased persons were not permitted at common law, and have seldom, if ever, been permitted in this country. We do not understand that the…