Pearce v. . Stace
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 13, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court committed error in its numerous rulings upon questions of evidence and in portions of its charge, to which rulings and charge exceptions were duly taken by the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 13, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court committed error in its numerous rulings upon questions of evidence and in portions of its charge, to which rulings and charge exceptions were duly taken by the defendant. (Ives v. Ellis, 169 N. Y. 85; Harkins v. Q. Ins. Co., 106 App. Div. 170; Dilleber v. Home Ins. Co., 69 N. Y. 256; Church v. Howard, 79 N.…
1Opinion of the CourtHogan, J.
This action was brought to recover damages for a breach of promise of marriage.
The complaint alleged an express contract made between the parties in or about the year 1880 (amended on the trial to read 1884) to be performed within a reasonable time thereafter and renewals of the contract at the request of the defendant until the spring of 1904, when “defendant did agree to marry plaintiff and plaintiff agreed to marry defendant immediately thereafter ” and a breach of said contract on the 13th day of September, 1904. A further allegation in the complaint charged that defendant, after the…
2Cases cited11 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- People v. . SmithNew York Court of Appeals · 1902
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- Thorn v. . KnappNew York Court of Appeals · 1870
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3Cited by4 opinions
- In re SanchezNew York City Family Court · 1988
- Press v. DraperNew York Supreme Court · 1930
- Walling v. Commercial Advertiser Ass'nAppellate Division of the Supreme Court of the State of New York · 1916
- Clarke v. MartinAppellate Division of the Supreme Court of the State of New York · 1916