Gillet v. Mead
New York Supreme Court
This was an action on the case for debauching the servant of the plaintiff per quod servitium amisil, tried at the Putnam ■circuit in April, 1830, before the Hon. James Emott, late one ■of the circuit judges. The female seduced was asked, on her examination as a witness, whether or not the defendant, previous to having carnal knowledge of her, promised her marriage.
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This was an action on the case for debauching the servant of the plaintiff per quod servitium amisil, tried at the Putnam ■circuit in April, 1830, before the Hon. James Emott, late one ■of the circuit judges. The female seduced was asked, on her examination as a witness, whether or not the defendant, previous to having carnal knowledge of her, promised her marriage. The defendant objected to the question, but the judge allowed it to be put, to prove the seduction and to shew that the intercourse between the parties was such as a prudent parent might have admitted, but not to lay the…
1Opinion of the Court
*194 By the Court,
Savage, Ch. J.
The only question in this case ¡g whether the judge did not err in receiving testimony of a promise of marriage. In Foster Schofield, 1 Johns. R. 299, ^ was held to be improper. There the judge had instructed the jury that they might give damages for the seduction and also for breach of promise; here the jury were cautioned on that subject, but the evidence being before them, they might be influenced by it even against their own determination not to consider it; this case has been recognized as correct, 2 Wendell, 464. In Tullidge v. Wade, 3 Wilson, 18, the court…
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