The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-26
an EYoLIsHWoM4N SUED FOR BREA On
or PROMISE.
A. Illinois Bootmnker Receivers One Hun
dred Dollars from Ills VI atiidH.

MVInNtX n D
srniusf Avery WAS tried.
Mr.. Lyon. for The plaintiff. said this wns an
action fnr u breach Of promise TO marry The
defendant WIS a lady. and She pleaded that IL
she did promise To marry the plalniln II was
snhjpct to the painii's executing marriage
seitjrmcnt before marriage and also II that
cond. ton was ntnchcd to the original promise
shc was by another promise released and dis
charged from sueh promise: that shn was al
WAYS willing and ready to marry the plHinth
subject to the condition Of his executing mar
riage settlement The action being 10y q man
against a woman was not. under ordinary
circumstances. the most popular one that a
mnn could bring; but he houed to satisfy tho
Jury that there were circumstances in the case
which distinguished it from other cases OF this
and hardship inflicted on the plaintiff He did
not seek to recover sentimental damages, but
only 10 recover sentimental damages. hut only
10 recover the expenses he had been put TO
through the caprlcious and utterly indeicnsihle
conduct OF the defendant. In 1878 the paintif
wns CARRYING on the business OF n bootmakcr
at Batavia H. North America. and was living
in comfortable circumstances. He had been
they had IN friends from early youth. long
before the plaintiff emigrated TO America. He
fendant and wished To make her his wife. Both
parties had long since passed the heydny OF
youth. and II would appear that in january.
1878. the plaintiff, who, was an illiterate man.
wrote a letter 10 the defendant. .
He addressed her rs " Dear Matilda" and
said. 1t is a long time since saw YOU. hut
have never forgotten you. wanted TO
say som.thing,to you before left England. but
lion in mis- den; but he can't face n lady"
lLauehierl Il have refused to marry till I
have asked you. | ask. can you love me Do
let me know soon or my heart VII io Sr tar
er's daughter has almost asked me- TO marry
her: but / SAID no." lLaughterl Write to me
soon, and seal my doom. Good 10y, my love.
Friday" In "A postscript he said, don't
know how to tell YOU half want hut wish
PROPOSAL OF marriage the defendant wrote back
In February that she WIS much pleased ut re-
ceivng his Kind. welcome letter. and was also
Oh vla ua.lf o.. haur haf la kv4 IL
that II he could not stop in England the ac-
auaintance must be dropped. ,,--,
OF all his property in America and came To Eng
land. and on his arrival h. saw the detendunt.
who resided ut Arnold Farm. Leeds. near Maid
stone. The parties agreed to marry. and the
day was named On the Saturday before the
Monday that they were 10 be- married the de-
PENDANT said that the plaintiff must 10 with her
10 Maidstone and sign marriage settlement.
but he declined. saying he did not like to sign
papers about which he knew nothing The mar.
rage was postponed from the Monday on that
ground. and was To- tnkr pace on the ioIlqwing
day Tuesday. but the plaintih stu persisting
in his refusal TO execute a marriage settlement.
tine marriage was put of sine die. The ladys
unless the plaintiff would execute marriage
settlement in her favor. she having, il appears.
oil 81 1850. The plaintiff by this action only asked
for most moderate and reasonable damages to
reimburse him for the money he had expended
through the defendants cauricc
The defendant claimed $500 damages.
was me eHSymned tRroug6 H. XdSoSk his byoR rS
in-aw. who had 70 speak in his ear, and said:
lam the plaintiff in ms action formerly re-
where l carried on the business Of Il boot and
shoe maker. lived in America FOL, twenty-six
deirndant before lett England. / returned to
England in September, 1878. and saw the de-
PENDANT on the lst October NJ Arnold Farm
Leeds. near Maidstone, where she resided.
The defendant came with me and my sister 10
cock. lived We had a conversation about mar
riage. and she agreed 10 marry me on the 2eth
October, after the publication OF the banns. On
the sth October bought the wedding ring and
she returned 70 Arnold Farm. She chose the
ring out Of those shown TO her. We were 70 10
into furnished lodgings until such time we
could decide what We should do.
Mr.. Lyon--Did you buy the wedding cake2
MIR. Kngsiord-No. we paid for that. Laugh
Pan,in-on Saturday. the 2sth October.
about o'clock in the evening she commenced
speaking Of marriage settlement. but ms |
knew nothing about il refused 10 comply with
her request | asked for an eXpanaton. and
she then asked me 20 90 with her TO Maidstone.
Monday morning Mr.. Adcock asked her when
me to 20 10 Maidstone first / told her she was
fool. / did not want 10 go 10 Maidstone and
sign papers knew nothing about She wanted
me second time to 60 70 Maidstone. but de-
clined. She then said she would marry me the
next day whether signed or not. In the after
noon she went 10 Maidstone 10 see her lawyer,
her lawyer and friends said she WAS fool for
not having mnrriag. settlement drawn W
her what time she would be- ready to 20 10
church. she said she would not be- married.
knew nothing about her money any more than
child years old. have expended ESQ IN
travelling and neressarlrs.
Cross-eXamined by Mr.. Kingsford-I had not
seen the defendant Tor nineteen years before
wrote the letter Offering her marriage. was
not then aware that the defendant had come in
for some money on the death OF her mother
When | left Batavia sold all my tools. On the
4th October. ut Arnold Farm. | asked the de-
PENDANT to marry me. ana she consented. She
was 70 please herself whether by uanns OF
license. She did not tell me she could not be
married in a week. because q marriage seit..
ment must be first prepared and executed She
said nothing about, settlement until the Sat
urday before the Monday We were TO be mar.
rird. did not keep away all day Saturday Il
prevent my going 10 Maidstone with the defend
ant about the marriage settlement. The de-
PENDANT never said To me. Whenever yor
choose 10 sign the srttlement-I have signed i
Il am ready and willing 10 marry YOU" Wher
pocket. and that WAS all had IN the world
While waiting for an answer from ths deiendan
10 my offer OF marriage | wrote in February Il
widow Offering her marriage II she was
widow did not know i. Il was a. bit OF fun
tLHughter.l wrote 10 her; Dear Beisey-l an
not married yet. rs am stu waiting for you
Other witnesses were called IN support OF tn
plaintiffs casr.
Mr.. Kingsiord addressed the jury for the de
fence. He said the pHrties had been separat",
for nineteen years. Four years ago th1 plain
tin met with an accident. which had hhd
serious effect upon his health. Having hear,
and that the defendant had come INTO he
money. he made her an offer thinking II woul'
be good thing To- come home when in an IN
firm state Of health and by marriage provid
for himself. The defendant was justified in in
ssting upon marriage settlement before sh
married.
The defendant was examined at great lengtl
as TO the conversation that had passed between
her and the plaintiff. She stated positlyel
that her uromis" to marry him was made con
dltonHlly that Their" should be- a PREVIOUS mar
RAG, settlement Sh. told Inc ulniutlff on thr,,
occasions hrlore the marriage day that he
friends said She WIS a fool II She married with
out Il settlement, and the plaintiff replied thu
he mot a. "a Ia fNk "a
were rOgurs. She would haNr married him
he had consented TO the settlement. which wa
as favorable Ia him ms 10 herself
After some further evidence. the jury returne
verdict Tor the pl Iintn Damages. $50.