The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-11

plaintiff; that he then brought the
plaintiff back to her home and return
ed to his hotel; that up to that time
said defendant had not indicated or
intimated to plaintiff or given her any
reason to suppose that he intended to
violate his contract of marriage with
plaintiff; that no disagreement or diff
ferences of any kind or estrangement
had arisen between them and when
said defendant left the plaintiff after
said automobile ride plaintiff fully be-
lieved that the marriage would take
place on the next day in accordance
with the previous agreement. arrange
ments and preparations. But PLAINTIFF
AYERS that in the evening of said 9Th
day of November, 1907, said defendant
left the city of Los Angeles and only
notified her OF his departure by LETT
ter which he caused to be delivered at
ter he had gone; that he did not re-
turn at the time and place appointed
for the marriage ceremony and has not
been in the presence OF this plaint1n
since the afternoon Of said 9Th day of
November, 1907; that said defendant
failed and refused to carry out the
terms of his contract Of marriage with
plaintiff, and failed to appear at the
home Of plaintiff for the appointed
marriage ceremony on said 9Th day or
November 1907, but returned to the
city of Topeka.
Stunned Other Men.
Plaintiff further alleges that dur
ing the entire friendship and court
ship hereinbefore described she was in
every respect loyal and faithful as
the promised future wife of said de-
PENDANT and never during any OF said
time received or accepted the atten-
lions or affections of any man, but said
defendant and at the appointed time
was ready and willing and expected to
be married to said defendant in ac-
cordance with the contract thereto
fore made between them.
Plaintiff further AYERS that by rea-
son of said wrongs of the defendant
in refusing to carry out said contract
of marriage, as hereinbefore set out,
she has been greatly Inundated and
mortified, has been subjected to rid1-
Guile, contempt and pity. and that she
has suffered great mental anguish as
the result thereof; that by reason OF
said disappointment, humiliation, NOR
LITIGATION and mental suffering her
health was injuriously affected, almost
to the extent of complete nervous
prostration; that by reason of said
physical condition she was made i'll
and thereby confined to her bed for a
considerable length of time, although
at and prior to said date she was and
always had been strong and healthy
and that her general health is now i'm
conduct on the part of said defend
ant.
Plaintiff further AYERS that she has
always maintained a high social stand
ing, has always been highly respected
and well known, having large circle
of friends and acquaintance both in
the city of Los Angeles and in the
city of Topeka; that she never by her
conduct or otherwise in anyway gave
said defendant cause or reason for his
wrongful conduct towards her and said
defendant had no excuse therefor
| Plaintiff further AYERS that she is
now % years of age; that said defend
ant is man of mature years and is a
successful business man in the city
of Topeka; that he is president of the
Arnold Drug company, a wealthy cor
poration. and that said defendant is
| financially worth at least 100000.
Wherefore, plaintiff prays judgment
against said defendant in the sum of
| 5000, being $4,000 for her actual dam
ages sustained and 5000 as punitive
damages on account of the wrongful
| conduct of the defendant as aforesaid,
| for costs of this action and all other
proper relief.
| ''HAZEN & CAV,
| III. B. KELLY
| Attorneys for Plaintiff. 81