Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1874-01-18
BREACH OF PROMISE OF MAR
RAGE.
Penalty for TrininG with . Lady's AT
fectiOns.

In England, recently. Miss Vale sued
Herbert Merriam for promising to marry
her and failing to perform his engage
ment. The plaintiff was an actress, and
young lady of personal attractions.
about % years of age. The defendant
was about % years of age, and was enti-
tied. it was said, to considerable proper
tv on the death of his mother and uncle.
Miss Vale became acquainted with him
while she was fulfilling an engagement
a: Rosherville. he at the time being en-
gagged in the conducticn of business for
his uncle at an adjoining city. He visit
ed her at the house of her parents and SIS
tiers, and told her mother that ne was
very much struck with "Rosey. and if
her ..pa" ana she did not object, he
should ask to pay his addresses to her
Is her suitor. He represented himself
to her father as having very good pros
poets. and said that when his mother
died h would come in for q fortune.
Merriam Was accepted rs her suitor.
and on subsequent occasion he brought
= small parcel of gold rings 70 the house
and asked the plaintiff to = leCt TIE one
which size preferred, adding that She
should Wear ii until he pur,hased a more
costly one for :i-"ir marriage. He WAS
looked upon as enc of the family. and
was in the habit of calling tk5 plaintiff
father and mother pa and ma.
Ca the occasion Of tie death Of NJ.
Vale, the plaintiffs father, at BralsoGd.
in Yorkshire, where his daughter was
performing at one OF the local theatres,
the defendant exprcss.t himself Il very
atectioaa;e Terms, and promised i
ccsct 4 marble memorial in colnmemora-
ton Of his dear pa ;" death. No;w.;h
standing several ;,r.alory letters which he
had written to the young lady. and the
many assurances which he had made to
her that he would make her lis Nife, the
defendant failed 20 carry ont his prom
Use. and he has since married another Ia
dy-a Miss Frances PiEe-!n March
last.
Mr.. Dame, the rlain-!.t' ; counsel.
read extracts FROM, many OF these letters,
which Were coUched IN the most emo
tionaI terms. In one OF them lie told
her the flower h.. sent her was the best
he could Obtain. fur love or money. and
she had it with all the loving wishes o:
her own Herbert. IL others he called
her his dearest Rosey." ana subscribed
himself. Ny much-loyed, dearest Rosey
ever believe Inc yours, Herbert" In one
of his communications he addressed il 10
his Sweetest. dearest Rosey,' telling
her that she mast not let her waking
thoughts trouble her, as he had fully re-
solved to shield and protect her.
Plaintiffs mother gave corrobOrative
evidence as TO the defendants promise
to marry her daughter. He also said
that he would settle e5Cu year on
'Ecs, y" and another $500 year On
herself
Mr. H. Clifford admitted that breach
OF promise had been committed, Int sub
mittei that. under all the circumstances
ut tn case, the plaintiff was entitled to
I. very small Ilodlcum of damages. lie
pointed out how much better II was for
Mss Wales happiness that when the de-
PENDANT found that lie had changed his
rlind he should break Of the engage
ment rather than marry her.
Baron Broinwell. the Judge, said II the
plaintiffs story was true the defendant
had been guilty Of q very shabby trick i'll
breaking off the engagement without Off
erin" word Of explanation. IL assess
ing the damages they must lecollect that
they had to compensate the plaintiff, not
to punish the defendant.
The jury returned verdict Of 500
damages to the plaintiff.