The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1904-02-25
leach OF PROMISE
IAN EASY MATTER FOR A WOMAN
TO OBTAIN DAMAGES.

Omise to Marry.
yer since Margaret Gardyner and
daughter Alice brought what is
tied to have been the first breach
romise suit, against John Keche of
swych, showing that he, the said
keche, had received a sum of
icy on condition of his marrying the
@esaid Alice and that he had mar
Joan Bloys, ''ageyne all good rea-
and conscience" breach Of promise
S have been recognized among all
glish speaking peoples. Lord Holt
creed it at common law, holding
1.-The wounded spirit, the unmer-
disgrace and the solitude which
iertion after a long courtship were
Sidered to be as legitimate claims
pecuniary damages as the loss of
'utation by SANDER or the wounded
de in slight assaults and batteries"
,hese matrimonial contracts are sui
leris. No grim visaged lawyer draws
a formal contract to be executed;
notary prizes into the intents and
rposes of the parties and certifies
same under his official seal; no 60
tween Pandarus is present to hold
hands Of Troilus and Cressida and
EMMY pronounce:
"A bargain made. Seal it, seal it.
be the Witness"
10. In the vine clad arbor or behind
G protecting screens of parlor walls,
some shady nook or in the dim moon
hit deep down some lonely dell, far
nken from the healthy breath of
orn and ewes one STAR" there these
tgsgements are softly whispered and
e contract sealed with a kiss
For these reasons, while the making
the contract is question of proof,
need not be proved in totidem YER
IS and is often inferred from the ac-
ons, language and conduct of the par
es, and it is difficult to tell under
hat circumstances the court would
: justified in finding that a promise
I'D been made Many a young man
ot fatally bent on matrimony would
Imetimes be surprised to find that
is language, intended only as a COM
iment to some charming. damsel, or
is conduct, meant solely as an act of
allantry, is sufficient in the eyes Of
lie law to support proof of a promise
, marry.
A gentleman once concluded that it
Ould be a very elegant and very
my thing to send to his dulcinea
awspaper article entitled Love, the
0nqueror," marking it, 'Read this"
lie lady did read this, and when the
my gentleman declined to marry
n she brought suit against him and
ad the article to the jury, who gave
$4,000 damages. The supreme
1urt of Illinois, sustaining the YER
It, said: 1.-The article may be regard
as the defendants own letter 1t
ubtless contained sentiment which
sanctioned, couched in language
)re choice than he could compose.
was his appeal for marriage. 1t fore
d in clear and emphatic language
object and intent in his cOurtship
th her. She doubtless placed this
Instruction upon it, as she well might
and laid it aside as a rare treas
a.''
n New York case it was shown on
trial that a widower, pious elder
fifty-three years of age, soon after
81 = 20 ;&o1 no ,Infy
maiden lady of thirty, and, TAX
out a memorandum book, from
ich he read, or pretended TO read,
ted in a confidential way that he
| noted down some requests made
his wife four days before her death;
t it was something he "could not
her now" but that she (the maiden
y would know some day." darkly
ting so the lady took it, that the
.eased wife. had requested the for
widoWer to Tighten his grief by
frying the plaintiff. 1t was proved
It after this confidential talk there
re rides and drives together, fire.
mt visits extending till late in the
ming, and, to cap the climax, the
lower told the plaintiff that after
lapse of a year from the death Of
wife (the widower's quarantine, it
ms he intended to marry, and he
II entered into a minute description
the lady he wanted to marry, which
cription was an exact photograph
the plaintiff. While we cannot but
nire the shrewd diplomacy of this
widower, counting by dark insinu
ms and covert suggestions and not
uniting himself by an open avow-
yet, as the sequel shows. he ran
uck of the doctrine of estoppel.
he sanctimonious Proteus forgot his
a and found linn another sweet
It. and, knowing that he had be-
lie someyr- lat involved in his affair
h the plaintiff, he automatically un-
tcG.: to checkmate the lady He
her that he did not want her peo-
70 think that he was paying her the
ntions of a lover so sOol after the
tn of his wife, and IN order to allay
suspicion he drew up note. in
ch the plaintiff was made to say
she regarded his visits as simply
lences Of friendship and nothing
e." and got her to sign it. The
found in her favor, and the court
appeals of New York upheld the YER