178 Ind. 486 | Ind. | 1912
Appellant was sued by appellee for breach of an alleged promise of marriage. The cause was tried by a
The only error assigned here and relied on is that of overruling the motion for a new trial, on the grounds, principally, that the verdict is contrary to law and is not sustained by sufficient evidence, and we are urged to a consideration of the evidence as not being sufficient to support the verdict and judgment, owing to the claimed intervention of the statute of frauds, involving an alleged nonexecuted antenuptial contract., the execution of which is claimed to have been a condition of the marriage agreement.
It is certainly established by the evidence that appellant had sought appellee with a view to matrimony, that the subject was discussed between them a number of times, and that in the earlier stage of the courtship there was talk of appellant paying appellee a sum of money. There was quite a disparity in their ages, appellant being the elder. He was a widower and she a widow, with a prior acquaintance between them of ten or twelve years, and each had married children. He had property of the value of from $13,-000 to $14,000. Whether she had any property does not appear.
The controversy wages around the fact as to when the agreement to enter into an antenuptial contract was made with reference to the agreement to marry, the contention of appellant being that it was a condition of the marriage agreement that an antenuptial contract should be entered into between them, while the contention of appellee is, that the agreement to marry was without condition, and that the agreement for an antenuptial contract was made after, and wholly independent of, the marriage contract.
If appellee is to be believed, it was after the agreement to marry had been made, and was being acted on. If, on the other hand, appellant's evidence is to be believed, that was
When the article was offered in evidence, the judge stated that it might be read, but he would state to the jury that it could not bind defendant or plaintiff, unless it was written at their suggestion or dictation. After it was read, the judge stated to the jury: “In order that you may not be misled by the reading of this article, I will state to you now, that the only reason the court now permits that to go to the jury is to show what led up to the conversation between the witness and the plaintiff, but it can not be binding, the article itself, either upon the plaintiff or upon the defendant, in this case. Its only purpose is to show what led up to the conversation. ’ ’
For the error in admitting the newspaper article the judgment must be reversed, and it is so ordered, with instrae
Note.—Reported in. 99 N. E. 803. See, also, under (1) 3 Cyc. 348; (2) 21 Cyc. 1244; (3) 40 Cyc. 2500; (4) 3 Cyc. 386; (5) 38 Cyc. 1386, 1387; (6) 40 Cyc. 2417. As. to actions for breach of promise to marry, see 40 Am. St. 172; 63 Am. Dec. 532. As to antenuptial agreements between husband and wife, see 73 Am. St. 898.