Homan v. . Earle
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict; also affirming an order denying a motion for a new trial. This action was brought to recover damages for a breach of an alleged promise of marriage. The facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict; also affirming an order denying a motion for a new trial. This action was brought to recover damages for a breach of an alleged promise of marriage. The facts sufficiently appear in the opinion. It was error to deny the motion at the close of plaintiff’s case to dismiss the complaint, as plaintiff had failed to make out an engagement of marriage between herself and defendant. (Weaver v. Bachert, 2 Barr., 80 ; Honeyman v. Campbell, 5 Wils. & Shaw, 144, 145;…
1Opinion of the Court
Church, Ch. J.
There are three classes of errors insisted upon by the defendant’s counsel: 1. Errors in receiving and rejecting evidence ; 2. Errors in the charge of the court; and 3. Errors in not granting the motion to dismiss the complaint, made at the close of the plaintiff’s evidence, and also at the close of the whole case.
The plaintiff testified that at the first visit of the defendant, after his wife’s death, he took out a memorandum book and stated some requests of his wife which he had noted down, and said “ that there was something he could not tell ns now, that we would probably…
2Cases cited5 opinions
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- Southard v. RexfordNew York Supreme Court · 1826
- Wells v. PadgettNew York Supreme Court · 1850
- Wightman v. CoatesMassachusetts Supreme Judicial Court · 1818
- Hotchkins v. HodgeNew York Supreme Court · 1862
3Cited by12 opinions
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- Express Industries & Terminal Corp. v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1998
- Scholastic Inc. v. HarrisDistrict Court, S.D. New York · 1999
- Adams v. ByerlyIndiana Supreme Court · 1890
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