Stacey v. Dolan
Supreme Court of Vermont
Assumpsit for breach of a marriage promise. Plea, the general issue. Trial by jury at the March Term, 1914, Franklin County, Waterman, J., presiding. Yerdict and judgment for plaintiff. The defendant excepted. The opinion states the case. In an action for breach of a marriage contract, an offer of marriage by defendant after suit brought is admissible in mitigation of damages. McCarthy v. Eeryford (U. S. C. C. Or. 1903), 125 Fed. 46; Kelly v. Renfro, 9 Ala. 325, 44 Am.
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Assumpsit for breach of a marriage promise. Plea, the general issue. Trial by jury at the March Term, 1914, Franklin County, Waterman, J., presiding. Yerdict and judgment for plaintiff. The defendant excepted. The opinion states the case. In an action for breach of a marriage contract, an offer of marriage by defendant after suit brought is admissible in mitigation of damages. McCarthy v. Eeryford (U. S. C. C. Or. 1903), 125 Fed. 46; Kelly v. Renfro, 9 Ala. 325, 44 Am. Dee. 441; Kurtz v. Frank, 76 Ind, 594, 40 Am. Rep. 275; Pollock v. Sullivan, 53 Yt. 507; Liefmann v. Sotomon, N. Y. Sup. Ct.…
1Opinion of the CourtHaselton, J.
This was an action, of assumpsit for a breach of a promise to marry. Trial by jury was had, and verdict and judgment were for the' plaintiff for the sum of six thousand two hundred dollars. The defendant excepted.
The plaintiff’s, evidence tended to show that the parties engaged to marry each other July 4, 1909, that no date for the marriage was agreed upon, but that several discussions as to the matter of date were had between them prior to December 13, 1913, and that on the last named date the plaintiff asked the defendant to marry her, and that he then told her that he had changed his mind…
2Cases cited6 opinions
- Bennett v. BeamMichigan Supreme Court · 1880
- Heasley v. NicholsWashington Supreme Court · 1905
- Kurtz v. FrankIndiana Supreme Court · 1881
- Kelly v. RenfroSupreme Court of Alabama · 1846
- Kendall v. DunnWest Virginia Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Murray v. NelsonSupreme Court of Vermont · 1923
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915