The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-07-04
COLD DAY FOR LORN LADIES.

The Jacobs-Sire aud AldIs-Stewart Breach
of Promise verdicts Upset.
Judges Freedman and Gildersleeve sitting in
theCienernl Term Of the Superior Court handed
down yesterday afternoon a decision sustain
ing the appeal Of Henry B. Sire from the YER
dict giving Esther Jacobs S25, 600 damages
against him for breach Of promise of marriage.
A new trial is ordered. The decision is founded
on an error in the charge OF Judge Sedgwick.
The General Term says:
Fte court charged the Jury In part follows
Over and above the compensatory damages the plain
tiff is absolutely entitled to exemplary damages on
proof satisfaction OF the Jury Of certain facts
This instruction deprived the jnry in case they found
the facts referred to- OF all discretion upon the ques
ton whether exemplary damages should or should not
be given The decision Of the court below is reversed
the verdict is set aside and new trial is ordered.
Miss Jacobs sued for SEC. 900 damages.
{, II am greatly pleased at the decision" Mr.
Sire said yesterday. "Of course am very
sorry for Miss Jacobs. But I am in the right.
as tho Court showed whom it took only ono
reason out OF fifty and gave me new trial. I
don't know where Miss Jacobs is now. I
surely sympathize with her greatly, l am
confident that at my next trial the verdict will
Miss Jacobs is visiting. her sister In Mon
treal. Lawyer Charles W. Brooke. her coun-
by Eli iss JAG obs appeals said Lawyer Trqax.
Mr. ire's counsel she must stipulate abso:
lutely what verdict she asks fer: The court
now now that Mf. Sire ms another chance.
obtained for breach Of promise Of marriage
against George Stewart. has ALSO been set sside
by Gs 81 G"u afo oea Aha s
The decision is based on the admission Of cyl
ience as 70 the value S e properly held by the
aside from tho defendants refusal to re-
deem his promise OF marriage, the conduct Of
t"s test h was that Of a. gentleman. The
Glaint meyer earned but small
practically nothing in q pecunary point OF
view. Under. these circumstances the verdict
Of the jury for $500 may be presumed to
the plaintifi was permittol to prove that the
DEFENDANTS mother owned property and real
Nina Schneider moved o i9r counsel fee end
cs om Snass Hsoa for for
iiceman Of the Seventh precinct. She, says he
knocked two Of her teeth out lat May End End
to 20 to Gouyernour Hospital. Inspector
Williams made her prefer charges against her
eharSes are pending. Judge Gidersleeve re.
Lawyer James oliver, Keane has been d.
mon Pleas to pay by July8titty dollars arrears.
under an order for counsel fee sn a. aiimeny to
She is suing him for an absolute divorce.
Morris Finkel has obtained leave from Judge
Gildersleeve to serve his wife Annette by pub
is an actress. Finkel says that she has been.
living with Gabriel Finkelstein. musician.
who played in the Same companies with her.
Minnie Albert says she eloped with solomon
Levin from Russia IN April; 1892. giving him
tary duty. it was ON his promise to marry her
in this country. she says, He has refused, to
marry her. and was jailed by order OF Judge
in an action brought by her to recover $4,000
for breach OF promise.