The daily palladium. [volume] (Richmond, Ind.) 1904-1905, 1904-03-11
BREACH OF PROMISE
1T is AN EASY MATTER FOR A WOMAN
TO OBTAIN DAMAGES.

Promise to 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 Keche, had received sum OF
money on condition of his marrying the
aforesaid Alice and that he had 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 it at common law, hoIdlhS
that 1.-The wounded spirit, the unmer-
tied disgrace and the solitude Whlch
would be the probable consequence or
desertion after long courtship were
considered to be as legitimate claims
for pecuniary damages as the loss OF
reputation by SANDER or the WOUNDED
pride in slight assaults and batteries
These matrimonial contracts are SUI
generis. No grim visaged lawyer draws
I'D a formal contract to be executed;
no notary prizes into the intents ana
purposes of the parties and certlneS
the same under his official seal; no go
between Pandarus is present to hold
the hands Of Troilus and Cressida and
sOlemnly pronounce:
"a bargain made. Seal IL, sea- IT,
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 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 kiss.
For these reasons, while the making
of the contract is d question of proof,
it need not be proved in totidem YER
bis and is often inferred from the ac-
tions, language and conduct of the par
ties, and it is difficult to tell under
what circumstances the court would
be justified in finding that a promise
had been made Many young man
not fatally bent on matrimony would
sometimes be surprised to find that
his language intended only as a com
pIiment to some charming damsel, or
his conduct, meant solely as an act of
gallantry, is sufficient in the eyes OK
the law to support proof Of a promise
to marry.
A gentleman once concluded that it
would be a very elegant and very
funny thing to send to his dulcinea a
newspaper article entitled Love, the
Eonuueror," 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
diet. said: THE article may be regard
ed as the defendants own 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 it, as she well might
do. and laid it aside as a rare treas
ure."
In New York case it was shown on
the trial that widower, a pious elder
of fifty-three years of age. soon after
the death of his wife visited the plain
tiff, a maiden lady of thirty, and, tax
ing out a memorandum book, from
which he read, or pretended to read,
stated in a confidential way that he
had noted down some requests made
by his wife four days before her death;
that it was something he could not
tell her now but that she (the maiden
LADY, would know some day." darkly
limiting, so the lady took it, that the
deceased wife had requested the for
lorn widower to tighten his grief by
marrying the plaintiff. 1t was proved
that after this confidential talk there
were rides and drives together, fire.
uuent visits extending till late in the
evening, and, to cap the climax, the
widower told the plaintiff that after
the lapse of year from the death OF
his wife (the widOwer's quarantine, II
seems) he intended to marry, and he
then entered into a minute description
of the lady lie wanted to marry, which
description was an exact photograph
of the plaintiff While we cannot but
admire the shrewd diplomacy of this
willy widower, counting by dark insinu
atoms and covert suggestions and moi
committing himself by an open avow
al, yet, as the sequel shows, he raT
amuck of the doctrine of estoppei
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 un
dertook to checkmate the lady. H.
told her that he did not want her PEG
pie to think that he was paying her thu
attentions of lover so soon after thu
death of his wife, and in order to ALA!
that suspicion he drew up note. il
which the plaintiff was made to sa.
that she regarded his visits as ''simpl.