Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1904-04-28
BREACH OF PROMISE
IT is An EASY MATTER FOR a WOMAN
TO OBTAIN DAMAGES.

simple Compliments or Acts Of CAL
lantry Are Sufficient In the Eyes of
the Law 10 supper Proof Of .
Promise 20 Marry.
Ever since Margaret Gardyner and
her daughter Alice brought what Is
reputed to have been the first breach
OF promise suit. against John keche OF
Yppswych. showing that he. the said
John kcche, had received i sum Of
money on condition Of his marrying the
| aforesaid Alice and that he Ind mar
ried Joan Bloys. .ageyne all good rea.
| son and conscience" breach of promise
| suits have been recognized among all
English speaking peoples, Lord Holt
| enforced ii at common law, holding
that the wounded spirit, the unmer-
tied disgrace and the solitude which
would be- the probable consequence Of
dpsertion after i long courtship were
considered 10 be as legitimate claims
for Iecnliiary damages as the loss of
reputation by Islander or the wounded
pride in slight assaults and batteries
These matrimonial contracts are sui
geIleris. No grim yisaged lawyer draws
up a formal contract to be executed:
no notary prizes into the intents and
purposes Of the parties and certities
the same under his official seal; no 80.
between Paudarus Is present to hold
the hands of Troilus and Cressida and
solemnls pronounce.
"A bargain made. Seal II. seal II,
Ill he the Witness
No. In the vine clad afbor or behind
the protecting screens of parlor walls,
III some shady nook or in the dim moon
light deep down some lonely dell, far
sunken from the healthy breath of
morn and ewes one star" there these
engagements are softly whispered and
the contract sealed with a kiss.
For these reasons, while the making
of the contract is a question of proof.
it need not be proved In totidem YER
bis and is often inferred from the ac-
tons, language and conduct of the par
ties. and it il difficult tx tell under
what circumstances the court would
be justified in finding that a promise
had been made. Many a young man
not fatally bent on matrimony would
sometimes be surprised to find that
his language, intended only rs a com
pliment to some charming damsel, or
his conduct, meant solely as an act Of
gallantry, is sufficient In the eyes OF
the law to support proof Of a promise
to marry.
A gentleman once concluded that 1t
would be a very elegant and a very
funny thing to send to his dulcinea a
newspaper article entitled Love, the
Conqueror,' marking it. Read this
The lady did read this, and when the
funny gentleman declined to marry
her she brought suit against him and
read the article to the jury, who gave
her $4,000 damages. The supreme
court Of Illinois, sustaining the YER
dict, said: "The article may be regard
| ed as the defendants " letter. 1t
doubtless contained sentiment which
he sanctioned, couched in language
more choice than he could compose.
1t was his appeal for marriage. 1t fore
told In clear and emphatic language
his object and intent in his courtship
with her. She doubtless placed this
construction upon II, as she well might
do, and laid it aside as a rare treas
ure.'
In a New York case Ii was shown on
the trial that d widower, a pious elder
Of fifty.three years of age. 0 after
the death of his wife visited the plain
tiff. a maiden lady of thirty. and, tax.
ING out u memorandum book, from
which he read. or pretended to read,
stated in Il confidential way that he
had noted down some requests made
by his wife four days before her death;
that 1t was something he could not
tell her now but that she (the maiden
LADY, would know some day." darkly
limiting, 50 the lady took it. that the
deceased wife had requested the for
Torn widower TO tighten his grief by
marrying the plaintiff. 1t was proved
that after this confidential talk there
were rides and drives together, fire.
auent visits extending till late IN the
evening. and, TO cap the climax, the
widower told the plaintiff that after
the lapse Of q year from the death OF
his wife (the widower's quarantine, II
seemsl he intended TO marry, and he
then entered into a minute description
OF the lady he wanted to marry, which
description was an exact photograph
OF the plaintiff. While we cannot but
admire the shrcwd diplomacy Of this
willy widower, counting by dark insinu.
ations and covert suggestions and not
committing himself by an open avow-
| nj. vet, as the sequel shows, he ran
amuck of the doctrine OF estoppel.
The sanctimonious Proteus forgot his
Julia air0 found him another sweet.
heart. and, knowing that he had be.
| come somewhat involved In his affair
with the plaintiff. he automatically I'M.
dertook to checkmate the lady. He
told her that be did not want her peo-
pie to think that he was paying her the
attentions Of n lover SO o o after the
dcath of his wife. and In order 10 allay
that suspicion he drew up a note. in
which the plaintiff was made 70 say
that she regarded his visits as simply
evidences of friendship and nothing
more" and got her 10 sign 1t. The