Burnett v. Simpkins
Illinois Supreme Court
This was an action of assumpsit, brought to the Knox Circuit Court by defendant in error, against plaintiff in error, for a breach of marriage contract. The case was tried before Thompson, Judge, and a jury. Verdict and judgment for plaintiff below. The plaintiff introduced evidence to prove an agreement to marry.
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This was an action of assumpsit, brought to the Knox Circuit Court by defendant in error, against plaintiff in error, for a breach of marriage contract. The case was tried before Thompson, Judge, and a jury. Verdict and judgment for plaintiff below. The plaintiff introduced evidence to prove an agreement to marry. A portion óf the defendant’s proof went to show the general bad character, immorality, and lewdness of plaintiff, all of which was withdrawn from the consideration of the jury by the court. The defendant’s instructions, referred to in the opinion as having been refused, are as…
1Opinion of the CourtWalker, J.
In actions for libel, slander, and the breach of marriage contract, the jury may, in assessing the damages, take into consideration the injury sustained by the plaintiff, as well to the reputation and standing in society, as the situation of the parties. And no rule appeals more strongly to our sense of justice, or is more consonant to the principles of right, than that an injury to the reputation of the good and virtuous, should be compensated in damages. And the proposition is too plain to be denied by any, that an injury to the character of a virtuous and good woman, is greater than to…
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