The evening tribune. (Pawtucket, R.I.) 189?-190?, 1897-02-27

declined. saying that some day he
would make her long visit
So far the course of true love. il such
it were, had apparently run smoothly
enough, but now enters upon tho stage.
to slow music and subdued lights, the
disturbing element. This was Miss
Hall. now Mrs. Curtiss Rumors went
abroad in Norwich that Mr.. Curtiss
was keeping company" with Miss
Hall, and that he had only been going
with Miss Yale "to see how great a
fool he could make of her" When this
remark reached Miss Yale's ears, she
was not pleased She sent for Mr.. Cur.
tiss and asked if it was true. He said:
"No. would be a beast Of a man to go
with a young lady for such purpose as
that" He further stated that he ad-
mired her from the very first; that he
sought her acquaintance; that it was
her face and eyes that he admired; that
he had found her to be what her face
represented, and that he had never met
a young lady that he regarded more
highly. To this the plaintiff replied,
Had l not regarded you as highly as
you did me / never wouldhav accepted
your attentions as long as 1 have" He
then remarked that he knew it; that he
longed to make her happy; that he did
not know what he wouldn't do to rescue
her from trouble, and that he would al
ways protect her.
The plaintiff then told him that she
was willing to take his word; that the
most she wanted to know was that he
was true, and he said that he was, and
just before he left made the further re-
ozark, IF l live, Will make you hap
py." The plaintiff further testified that
on that occasion he made the remark
that he was unsettled in life ON account
of his business and that he did not know
what business he should engage in; that
he made inquiry as to whether her ia
ther and mother were offended at him;
that she invited him to call again, and
he replied that he would, but never did.
She further testified that he never spoke
any word Of endearment to her except
as above stated; that he never kissed
her or offered her any caresses; that he
addressed her as Miss Yale.
Such is the story of the courtship of
Nellie +. Yale and William r. Curtiss
In 1889 Mr.. Curtiss married Miss Hall.
Miss Yale sued for damages. The opin-
ion Of the court of appeals says in part:
docs this evidence establish mu-
tual promise to marry? We think not.
1t is not pretended that there was any
offer Of marriage prior to the last inter-
view. There is nothing in the talk with
reference to Europe in which she was JUS
titled in drawing the conclusion that he
was Offering to take her with him as his
wife. The query made with reference
to the location of the vacant lots is one
that might well have been made of any
person with whom the defendant was
acquainted without thought of mar
riage. The expression with reference to
his making her a long visit ON declin-
ing her invitation to go into the house
after seeing her home from church would
to the ordinary mind hardly suggest the
idea of marriage.
''He spoke of protecting her and max
ing her happy. Upon these expressions
great stress is laid, and were it not for
the circumstances under which they
were spoken it is possible there would
be some support for the respondents
contention with reference to them, but
these circumstances she well under
stood. He doubtless had reference to the
mental pain and suffering she had un-
dergone 10y reason of the alleged remark,
and he sought % remove that trouble
from her mind and assure her of his
protection from further trouble of that
character. In the absence OF fraud and
deception there must be contract,
there must be meeting Of the minds
Of the contracting parties, and the evi.
dence must be of such n character as to
justify finding that such was the case.
No form of words is required A formal
offer and acceptance are not necessary,
but there must be an offer and an ac-
ceptance sufficiently disclosed or ex-
pressed to fix the fact that they were to
marry rs clearly as if put in formal
words The language used must be
such as to show that the minds Of the
parties met. Contracts of marriage con.
Germ the highest interests of life and
should be sacredly guarded. If the con-
duct and declarations of the parties
clearly indicate that they regard them
selves rs engaged, it is sufficient, other
wise not. Mere courtship, or even an
intention to marry, is not sufficient to
constitute contract. Thorough ac-
quaintance with character, habits and
disposition is essential in order to make
an intelligent contract. The parties,
therefore, may form such an acquaint-
ance without having the inferences Of a
contract attach. Applying these rules
to the facts of this case, it is apparent
that the evidence falls short of that
which is necessary to establish con-
tract.
The judgment Of the lower court was
reversed and n new trial ordered. New
York sun.