Kelley v. Brennan
Supreme Court of Rhode Island
Defendant’s petition for a new trial. This action was assumpsit alleging breach of a promise to marry, brought and tried in the Court of Common Pleas.
1Per curiam
After the rendition of the verdict, the defendant moved in arrest of judgment because the declaration averred no offer on the part of plaintiff to marry the defendant, but only averred that she was ready and willing to do so. The court overruled the motion and the defendant excepted.
It may be true that in cases in which the promise to marry is general, that is, in which no time or place of marriage is fixed in'the promise, or in which the promise is to marry within a reasonable time, or upon request, and in which, also, the defendant has not married another, it is necessary for the plaintiff…
2Cases cited1 opinion
- Burnham v. CornwellCourt of Appeals of Kentucky · 1855
3Cited by2 opinions
- Rime v. RaterSupreme Court of Iowa · 1899
- Thompson v. ScottNorth Dakota Supreme Court · 1916