Legal Opinion

Massucco v. Tomassi

Supreme Court of Vermont

Decided November 9, 1905PublishedCited by 9 opinions

Assumpsit for breach of promise to marry. Plea, the general issue, and notice. Trial by jury at the March Term, 1904, Washington County, Stafford, J., presiding. Verdict and judgment for the plaintiff: The defendant excepted.

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Assumpsit for breach of promise to marry. Plea, the general issue, and notice. Trial by jury at the March Term, 1904, Washington County, Stafford, J., presiding. Verdict and judgment for the plaintiff: The defendant excepted. The defendant excepted to- allowing a certain witness to testify that when defendant came to her with the proposal' of marriage, he said he was worth $30,000; to the plaintiff being allowed to testify that, while negotiations were going on between herself and defendant relative to the contemplated marriage, he told her that the reason why a civil marriage was necessary…

1Opinion of the CourtTyeEr, J.

Action for alleged breach of promise to» marry. Upon an examination of the defendant’s exceptions we find none of them sustainable as ground for a reversal of the judgment rendered by the court below. It was competent for the plaintiff to» show by her own testimony what the defendant told her, and by the testimony of a witness who claimed to have knowledge upon the subject, what the amount of the defendant’s property was at the time of the alleged promise.

An Italian priest was permitted to testify that a marriage by religious ceremony alone did not constitute a legal marriage in Italy. In…

2Cases cited3 opinions

  1. Nelson v. MarshallSupreme Court of Vermont · 1904
  2. Webster v. SmithSupreme Court of Vermont · 1899
  3. Bradley Fertilizer Co. v. FullerSupreme Court of Vermont · 1885

3Cited by9 opinions

  1. Houran, Admr. v. Preferred Acc. Ins. Co. of N.Y.Supreme Court of Vermont · 1938
  2. In re R. S.Supreme Court of Vermont · 1983
  3. Stone v. BriggsSupreme Court of Vermont · 1942
  4. Land Finance Corp. v. St. Johnsbury Wiring Co.Supreme Court of Vermont · 1927
  5. Etty v. MiddletonDistrict of Columbia Court of Appeals · 1948

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