The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-11-10
BREACH Of PROMISE
VERDICT SUSTAINED
United States Circuit Court OF Appeals
Says Miss Fullhart Entitled to
Money

| Because, Miss Iva Lea Fullhart. "a
young lady of many accomplishments
and good character was induced by
the promises and representations of
defendant to believe that he would
marry her. and acting in accord Ance
Herewith she practically gave the de-
PENDANT seventeen years of the best
part OF her life, during which she was
not In a position to consider a propo-
sition to marry from any one else"
the United States Circuit Court of
Appeals yesterday affirmed the United
States District Court at Martinsbury,
w. Va. in giving her $4,000 in her
breach OF promise suit brought ~
her against William v. Thrush. forty
five years old. of Burlington, w. Va.
Suit for $4,000 for breach of
promise was instituted by Miss Full
hart In June. 1912. Before q jury in
September Of that year she was
awarded $4,000. Thrush appealed to
the United States Circuit Court, which
reversed the lower court, sending the
case back for new trial. At the
second trial new evidence was intro
duced and Miss Fullhart received q
verdict for $4,000. Again Thrush ap-
pealed. This time the lower court
was affirmed. Judge Pritchard. author
OF the opinion. in which Judges Woods
and Knapp concur. concluding:
I'm view of the facts and circum-
stances Of this case we are OF the
opinion that the verdit is Justified
by the evidence and are, therefore.
not inclined to disturb the same"
became Engaged In 1894.
Miss Fullhart became engaged to
Thrush in 1894. when both were stu
dents at Otterbein University. Wester-
vile, Ohio. They met at that institu-
ton in 1893. There was correspond
ence between them after they left the
university, Mr.. Thrush frequently
| writing to the young woman from the
farm OF his father in West Virginia.
/ Many of these letters were OF dis
couraging nature, indicating that
Thrushs father objected to the son
marrying. From time to time the
marriage was put off because the
young man was not in a position
financially to marry. Many OF the let
ters had been lost and were not pro-
duced in evidence
One Of the post cards presented in
evidence was of a date IN 1909 and
bore a wreath of forget-me-nots and
the words ITO My Sweet Love" This
card was received by Miss Fullhart
some two years after Thrush in his
defense declared that he had broken
off his engagement with her and that
Miss Fullhart understood.
Inherited $4,000 Estate.
The evidence also shows that
Thrush is worth about $4,000, his
father having Gied in 1911, leaving
him and brother as administrators
of and heirs to the estate 1t shows
that Thrush sent back TO Miss Full
hart in October, 1911, a gold watch
belonging to her, which he had bor-
rowed In 1895 and kept las seal OF
their engagement" In spite of this
evidence. Thrush maintained the en-
gagement had been broken of In
1907. He pleaded the statute Of linn
itations claiming Miss Fullhart did
not institute action within a year. but
waited unit, 1919. after he had mar
ried Miss Mary Fl. Witt In the latter
part OF 1911 TO Miss witt. reads the
opinion, ne paid attention soon as his
father died and loft a good estate"
Evidence also shows that Thrush
borrowed $50 from sister OF Miss
Fullhart. which he agreed to repay,
hut never did; that Miss Fullhart
loaned him money to buy books. and
that he kept her watch during the
term of their engagement and accept
cd presents from her. from time to
Time