116 N.Y.S. 778 | City of New York Municipal Court | 1909
This is an action brought to recover damages for breach of contract of marriage. The case was submitted to the jury under section 1185 of the Code of Civil Procedure, subject to the opinion of the court. Two questions were submitted to the jury, first, did the defendant promise to marry the plaintiff after a certain decree of divorce was obtained by her against her husband in the State of Bhode Island, and, second, what damage the plaintiff sustained if the jury find the promise of marriage was made. The jury answered “ yes ” to the first question and assessed the damages •at the sum of $1,250. The plaintiff at the time the original promise of marriage was made was a married woman separated from her husband for eleven years, and the evidence showed that plaintiff and defendant agreed that if she, the plaintiff, would proceed to the State of Bhode Island and obtain a divorce from her husband, that he, the defendant in this action, would marry her after the decree was obtained. The plaintiff obtained the decree of divorce from her husband, who at the time of the commencement of the action in Rhode Island resided in St. Louis, Mo., and he was never
Judgment accordingly.