The sea coast echo., 1904-06-11

III X Alice brought what is re.
lk puted to have been the
EM Ml first breach OF promise
sut against John Keche. OF Ypps-
wych, showing that he, the said John
keche, had received sum of money
on condition of his marrying the afore-
said Alice. and that he had married
Joan Bloys, "ageyne all good reason
and conscience" breach of promise
suits have been recognized among all
English speaking peoples. Lord Holt
enforced 1t at common law, holding
that "the wounded spirit, the unmer.
tied disgrace and the solitude which
would be the probable consequence OF
desertlon after long courtshlp, were
considered as legitimate claims for pc.
cuniary damages as the loss OF repu-
tation by SANDER or the wounded
pride In slight assaults and batteries
These matrimonial contracts are
sui generls. No grim.vlsaged lawyer
draws up formal contract to be exc.
cuted; no notary prizes into the intents
and purposes OF the parties ana cert.
iies the same under his official seal;
no go.between Pandarus. is present to
hold the hands of Troilus and Cressl.
da and solemnly pronounce:
"A bargain made; seal II, seal II; I'll
be the witness"
No-in the vine-clad arbor, or behind
the protecting screens of parlor walls,
In some shady nook, or In the dim
moonlight deep down some lonely dell,
far sunken from the healthy breath
of morn and ewes one star" there
these engagements are softly whls.
percd and the contract sealed with q
kiss.
For these reasons, while the making
OF the contract Is question OF proof II
need not be proved in totidem verbs,
! ana is often inferred from the actions,
language and conduct of the parties.
and 1t Is difficult TO tell under what
! circumstances the court would be jus.
tined In finding that promise had
been made. Many a young man, not
fatally bent on matrlmony. would
sometimes be surprised TO find that his
language, intended only MS a compl.-
mcnt to some charming damsel, or his
conduct, meant solely as an act of gal.
lantry, is sufficient in the eyes of the
law to support proof OF a promise to
marry.
a gentleman once concluded that II
Nnnl1 hn q oil NJ
funny thing to send to his dulcinea n
newspaper article entitled, Love, the
COnqueror," marking It: Read this"
The lady did read 1t. and when the
funny gentleman declined to marry
her, she brought suit against him and
read the article to the jury, who gave
her $1,000 damages. The Supreme
Court OF Illinois. sustaining the ver-
dict, said: '"The article may be re.
garded as the defendants own letter.
1t doubtless contained sentiment which
he sanctioned, couched In language
more choice than he could compose. IL
was his appeal for marrIage-it fore
told In clear and emphatic language
! his object and intent In his courtship
/ with her She doubtless placed this
| construction upon it, as she well
might do, and laid 1t aside as n rare
treasure"
In a New York case 1t was shown on
the trial that a wldower, n plous elder
of fifty-three years of age, soon after
the death Of his wife, visited the plain
tiff, maiden lady OF thirty, and taxi
ing out memorandum book, from
which he read, or pretended to read,
stated in 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 so the lady took 1t,
that the deceased wife had requested
the forlorn wldower to tighten his grief
by marrying the plaintiff. 1t was
proved that after this confidential talk
there were rides and drives together,
frequent visits extending TIL late in
the evening and, to cap the climax,
the widower told the plaintiff that af.
ter the lapse of year from the death
of his wife (the wdower's quarantine,
IL seems), he intended to marry, and
he then entered into a minute descrip-
ton of the lady he wanted to marry,
which description was an exact pho
tograph of the plaintiff. While we
cannot but admire the shrewd diplo.
macy of this willy widower, courting by
dark inslnuatlons and covert sugges.
tions, and not committing himself by
an open avowal, yet. as the sequel
shows, he ran amuck Of the doctrine
of estoppel.
The sanctimonious Proteus forgot
his Julia and found him another sweet.
heart, and, knowing that he had be.
come somewhat involved in his affair
with the plaintiff. he. automatically
undertook to checkmate the lady. lie
told her that he did not want her peo.
pie to think that he was paying her
the attentions of lover so soon after
the death of his wife, and, In order to
allay that suspicion. he drew up a
note, In which the plaintiff was made
to say that she regarded his visits as
simply evidences OF friendship and
nothing more" and got her to sign It,
The jury found in her favor and the
Court of Appeals Of New York upheld
the verdict
In Connecticut case the defendant
had been heard to remark on his hap
piness when in plaintiffs company and
his utter misery unless In her society.
The parties had exchanged daguerreo-