Smyrna times., 1879-12-17
Broken Vows.

Hannah NJ. Coolridge. in the Supreme
Court in Boston, has recovered damages tc
the amount of $4,000 of Samuel N. Neat fo,
breach of contract of marriage. Without
entering into the merits of this particular
case 1t may be stated that the judge
charged the jury that 'the engagement was
a contract, the specific performance of
which the law would not enforce, but for
the breach of which it allowed damages. "
The counsel for the defendant in this case
made an ingenious effort to persuade the
Court to lay down a contrary doctrine. He
held that a promise of marriage was a
contract preliminary to the contract of
marriage itself; that there was an implied
understanding and condition that if at any
time before marriage either party finds that
contamination of the promise will tend to
the unhappiness of both, then such partv
has the power to abrogate the agreement or
promise. 1t was the moral duty of a man
who felt that it ought not to be made to
decline to make the marriage vow. If it
appears that marriage will tend to the
unhapplness of both, then no damage can
ne sustained by one party through the
refusal OF the other to keep his or her
promise. This is all very well, but it doesn't
happen to be law. Courts do not and
cannot take quite so philosophical view
as this 1t must be taken for granted that
marriage will be a benefit to both parties
II one OF them discovers that it will not be
such benefit, the other is not 10 be cut off
from entertaining different view of the
matter. Besides, though woman NAV
not care to marry man who does not know
his own mind, the actual and positive
damage which she has sustained through |
MS hckleness may he considerable. AS the |
Judge IN the above case said. the law will |
not enforce marriage specifically, but it |
Will take cognlzance of the loss sustained. |
"hlcn is matter quite independent of the |
marriage itself
A good deal has been said of the absurdty |
OF actions Tor breach of promise of marriage.
now IL has been again and again asked,
can Selt'respecting, high.mnded woman
make herself party to such a suit, and
mus treat the most sacred of earthly
reiatlons as mere matter of bargain and
sale Probably, in spite of its character.
the action is frequently brought, not for the
sake OF money damages, but for that of
revenge. The feelings which agitated the
ample bosom of Mrs. Bardell were Of a
mercenary nature; but all women are not
like that celebrated widow. There ia
desire to "get sven," as the phrase is. and
the only way to "get even" is to make a
hole in the gay deceivers pocket. The
action, so considered is an essentially yulcar
one, with which no well, bred person will be
likely to have anything to do Fhe courts
cannot discourage it, for it is we'll based on
the common law; but there is serious
intention OF abolishing it altogether in
En- gland, and sooner or later it NAV fall into
absolute disuse here.
1T certainly would become thus obsolete.
without the interposition of courts or the
Legislature, but for cases in which it seems
absolutely equitable to punish party.
usually a man who has behaved in a scandal.
ous and cruel way. An action which has
Just been adjudicated in Bergen County.
y: ~, illustrates what we mean. William
W. ColIax, jr., promised to marry Miss
hester winters. Il young lady of a hirhly
respectable family. After dailying for four
Or nVe years he tried to get out of the
Engagement by assuring the young lady's
ather that he was married to enotLar
This was falsehood, and Colfax
admitted that 1t was while giving his testi
nony IN court. We are happy to state that
ne jury ordered him to pay the girl $4,000.
his IS little enough, and we trust that this
otherwise worthless fellow is good for the ,
AMOUNT Reading Of such shabby conduct, ,
We understand after all what is the gist Of :
ne action for breach of promise. If such
;aSes were more common the courts would
reat them with greater gravity, and the
most facetious reporter would fail to get ;
my fun out of them.-NeU York Tribune