Legal Opinion

Southard v. Rexford

New York Supreme Court

Decided August 15, 1826PublishedCited by 38 opinions

for breach of promise of marriage ; tried at the Saratoga circuit, June, 1825, before Walworth, C. Judge. ° The plea was the general issue, with notice that the defendant would prove in his defence, that the plaintiff had, at various times, and with various persons, specifying them, committed fornication after the alleged promise. The defendant attempted, at the trial, to prove this branch of his defence by one Stephen Aylesworth and others; but failed.

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for breach of promise of marriage ; tried at the Saratoga circuit, June, 1825, before Walworth, C. Judge. ° The plea was the general issue, with notice that the defendant would prove in his defence, that the plaintiff had, at various times, and with various persons, specifying them, committed fornication after the alleged promise. The defendant attempted, at the trial, to prove this branch of his defence by one Stephen Aylesworth and others; but failed. When Aylesworth was upon the stand, the counsel for the defendant asked him if he ever knew of any person having criminal connexion with the…

1Opinion of the Court

Curia, per

Sutherland, J.

Whether there were mutual promises of marriage between the parties or not, was properly left by the judge to the jury, as a question of fact. The evidence abundantly supports the verdict upon this point. The promise on the part of the defendant was clearly proved. In January, 1819, he admitted to an Eli*258za Pedí, that he had promised to marry the plaintiff, and intended to fulfil his engagement. About the same time, he told the brother of the plaintiff, that he intended soon to marry her. A number of witnesses testified, that from June, 1818 to 1823, the defendant…

2Cases cited1 opinion

  1. People v. HerrickNew York Supreme Court · 1816

3Cited by38 opinions

  1. State v. KentNorth Dakota Supreme Court · 1896
  2. Newcomb v. StateMississippi Supreme Court · 1872
  3. Pegram v. StortzWest Virginia Supreme Court · 1888
  4. Haymond v. SaucerIndiana Supreme Court · 1882
  5. People v. . BrownNew York Court of Appeals · 1878

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