Hoitt v. Moulton
Superior Court of New Hampshire
Assumpsit, upon the alleged breach of a marriage contract. There were two counts relied upon in the declaration. The first alleged mutual promises to marry upon request, in the usual form of such counts, and that the defendant on the 1st of March, 1846$ and before action brought, married another woman.
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Assumpsit, upon the alleged breach of a marriage contract. There were two counts relied upon in the declaration. The first alleged mutual promises to marry upon request, in the usual form of such counts, and that the defendant on the 1st of March, 1846$ and before action brought, married another woman. The second count alleged mutual promises to marry in a reasonable time, in the usual form of such counts, and that a reasonable time had long since elapsed; yet the defendant, though often requested, had not married the plaintiff. The defendant pleaded the general issue. Several exceptions were…
1Opinion of the CourtEastman, J.
Several questions are raised in this case, most of which can readily be decided, as the principles upon which they depend, are of familiar application. We will consider them in the order in which they are sent to this court.
*588The first question relates to the admissibility of certain statements of a witness, which are set forth in a deposition taken by the defendant. The witness was the defendant’s sister. She testified that she saw the plaintiff come from her brother’s room with a letter in her hand, “ and which letter, (she says,) I took to be one I had frequently seen in my brother’s closet.…
2Cases cited15 opinions
- Jackson v. Van DusenNew York Supreme Court · 1809
- Riggs v. TayloeSupreme Court of the United States · 1824
- Jackson v. OsbornNew York Supreme Court · 1829
- Sebree v. DorrSupreme Court of the United States · 1824
- State v. RollinsSuperior Court of New Hampshire · 1837
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