Year: 1879

Hannah NJ Coolidge, in the Superior Court in
Boston. has recovered damages to the amount of
f} 900 of Samuel n. Neat for breach of contract of
marriage. Without entering into the merits Of this
particular case ii may be stated that the Judge
charged tie jury that % tho engagement was a con-
tract the specific performance Of which the law
would not enforce. but for the breach of v hch it
allowed damages.' The counsel for the defendant
in this case made al ingenious effort TO persuade
the Court to lay down a contrary doctrine He held
that n promise OF marriage was contract prclim-
mary TO the contract OF marriage itself; that there
was an implied understanding and condition that
if at any time before marriage either party finds
that cousumunaton of the promise will tend TO the
unhapplness Of both, then such party has the
power 10 :brogate the agreement promise. 1t
was the moral duty of n who felt that 1t
onrbt not TO be made to decline to make
the marriage VOW II it appears that
marriage Will tend to the unhappiness of both, then
no damage can be sustained by party through
the refusal of the other 10 keep his her promise
This is all very WELL but it doesn't happen to be
law. Courts 10 not and cannot take quite so phlo-
sophical n view rs this. 1t must be taken for
granted that marriage will be benefit to both par
ties If one of them discovers that it will not be
such benefit the other is not to be cut of from enter
taninga different view Of the matter. Besides.
though woman may lot care TO marry man who
does not know Lis own mind. the actual and posi-
tive damage which she has sustained through his
6okleness may be considerable. AS the Judge in the
above case said tie law will not enforce marriage
specifcally but il will take cognizance of the loss
sustained, which Is matter quite independent Of
the marriage itself.


good deal has been said of the absurdity of ac-
tions for breach of promise of marriage How, it has
been again and again asked can a aself-respecting
high-,ninded woman make herself party 10 such
suit and thus treat the most sacred OF earthly reia
tions as mere matter Of bargain and sale Proba-
BLY, in spite of Its character the action is frequently
brought, not for the sake of money damages, but
for that OF revenge. The feelings which agtated
the ample bosom of Mrs. Bardeli were of a merce-
nary nature; but all women are not like that cele-
brsted widow. There is desire TO " get evcn,' as
the phrase is and the only way TO get is to
make hole III the gay deceivers pocket The ac-
ton, so considered. Is essentially vulgar
one. with which no wel!-bred person will be likely
TO have anything TO do. The courts cannot discOur
age IT. for il is well based on the common law but
there is a serious intention of abolishng it alto
pe,her in England, and sooner or later 1t may fall
into absolute disuse here.


IL certainly would become thus obsolete, without
the interpostion OF courts the Legislature, but





punish party. usually man. who has behaved in
a scandalous and cruel way. An action which has
inst been adjudcated III Bergen County n j., illus
traies what we mean. William w. Colfax, jr.,
promised to marry Miss Hester Winters a young
lady of a highly respectable family After ailying
for four years h. tried to get out OF the engagement
by assuring the young lady's father that he was
married TO another This a falsehood,
and Colfax admitted that 1t was while giving his
testimony i'll court We are happy to state that the
Jury ordered him to pay the girl $1,000 This is
little enough. and we trust that this otherwise
worthless fellow is good for the amount Reading
Of such shabby conduct. we understand after all
what is the real gist Of the action for breach Of
promise. If such cases were more common the
courts would treat them with greater gravity aud
the most facetious reporter would fail to get any
fun out Of them.