New-York tribune., 1869-03-26
RRE4CH 0F PROMISE CASES.

Almost all actions-at-law are founded upon
somebody's undertaking for q good and valua-
BILE consideration to do something, and then,
though often requested" failing to do it.
Sometimes the contract is express sometimes
! it is implied; but n lie (if we may be allowed
! TO use that wOrd) is ut the bottom of most
| Iitigntion; and when we consider this fact, and
also the crowded state of the dockets, the
sternest of us is inclined TO drop one tear, or
possibly two, for poor human nature. But
about mutual promise of marriage, in which
the parties have fallen from declarations OF
love to declarations in law, there is something
peculiarly melancholy and notifying, because
lie and She, in making their little connubial
contract, put themselves, as 1t were, upon
honor; and we have never read the report OF
breach of promise case in which there was
not development in the evidence of pretty
mean behavior upon one side or the other It's,
moreover, such ridiculous ending, with such
food for wits and sneerers in it. 1t shocks our
notions Of poetry to find blushing, timid,
signing, haf-c0nsentng demoiselle suddenly
transmogritied into plaintiff, however plant
i've. Ii is such wet blanket upon the ardors,
the ehaste desires, the burning VOWS, the fond
know that great rascal may sometimes have been
pretty love maker only to be reached through
his pocket, we might wish this form of action
impossible since it brings such discredIt upon
moonlight, music, love, and flowers. We
cannot bear that Colin should have been
faithess, or that Melissa should not have gone
regularly through the concealment feeding upon
her damask cheek!
"An thoughts. al passions all delights
Whatever stirs this mortal Frame
Are but the ministers OF love,
And feed his sacred flame.
ealined her fears and she calm,
And told her love with virgin pride
And so | won my Geneyieye.
My bright and beauteOus bride :"
Now, it is possible that the gentleman who
wrote this may have only added proof to the
already damnable record of mans falsity but
can we imagine Genevieve Tilted and bringing
her action The mere idea is too disgusting
for contemplation
The painful fact, however, is that the Gene
vieves, lovc-lorn as they are, do go more fire.
quently than ever to the judicial tribunals for
pecuniary consolation. Cases of this kind do
seem TO be getting nowadays more and more
common in the courts; and We who read the
newspapers, regret to say that of late there is a
great access of such actions to the calendar.
Here is case in this city of Isabella Mande-
vile (romantic name y against Edward Bir-
mingham--a name savoring of an iron heart
What could the jury have been thinking of
when they gave Isabella only Sl00-hardly
enough to pay for the rose scented paperl
Here is the case Of Sarah Sherman (a name
which hath II hard, metallic, practical sounD
against Richard Ransom "a name which might
serve for villain in q romance by Charles
Reade). In this latter action, being prejudiced
probably by his name, the jury adjudged the
defendant to pay the plaintiff Four Thousand
Dollars, which was something like. Here is the
case upon which we commented the other day,
in which the plaintiff was lady "of African
descent" and not one of
"The pale, unripened beauties OF the North"
Here are other cases many and melancholy
but we forbear TO cite the details. Rather
let us, in pity, draw vail over this black
record of the perfdy of man
There are two methods, which we may desig-
nate as the Graderindan and the Thomas
Mooreish, of considering these breaches of
promise. A woman may say: HE said that
"he would marry me, and made all my ar
"Iangements, and | am s. out of pocket
"and as there is no reason why / should not
"make him feel financially his faithlessness, |
"mean to make him pay up" The last phrase
may be odous to Angelinas; but when right
minded woman says "Pay up your damages"
at least we know exactly what she intends.
If n lady can make up her mind to resort to
this prosaic remedy for broken heart, wo
have not word to say, except that under
such circumstances we should doubt the per-
manence Of the fracture. and perhaps the