Clark v. Phillips
Clark v. Phillips
Opinion of the Court
Opinion by
That a contract to marry was entered into between the appellant and appellee is well established, and that appellee fixed the time and place for its consummation and so notified the appellant is also proved. The appellant has pleaded the statute of limitation, and the only error complained of in regard to the pleadings is the failure on the part of the appellee to allege when the contract was entered into. It seems that the two had been lovers for many years, and were engaged to be married long before the institution of this action, in which a breach of the contract is alleged. The time when the original agreement was made is left blank, and on a rule against the appellee to fill up the blank she responds by saying that she is not able to give the date, but as late as January, 1875, the promise to marry was talked of and recognized as existing between them. It is alleged in the petition that no definite time was agreed on by the parties when the marriage should take place, but it was to be consummated within a reasonable time, and the pleadings and proof show that within a year from the bringing of the action the appellant was still agreeing to comply, and the response should be regarded as fixing the date, for upon that response the rule was discharged. He
It is urged again, however, that the appellant was prejudiced by the introduction of testimony showing that he had not only violated his promise to marry the appellee, but that she had given birth to a child, by reason of sexual intercourse with him, when no allegation of special damage had been alleged. We think all the testimony on this branch of the case was properly admitted. As a defense to the action he pleaded that she was an unchaste woman, and the fact that she had given birth to an illegitimate child would have been sufficient to authorize the jury to find for him, unless it had been shown that the gratification of his own animal desires prompted him to make love to this confiding and unfortunate girl. He seduced the appellee under the roof of her father’s house, whose hospitality he had enjoyed for many years and was recognized almost as a member of the family by reason of the belief on the part of all that his visits were made from the purest motives. Her lack of virtue dates from the time of her seduction by him, and doubtless she would now today be possessed of all the attributes so essential to the purity of every woman but for his heartless disregard of the most solemn vows he had made.
The plea in which a want of virtue is alleged is also defective because it fails to state that he was ignorant of her character when the contract was made, but as already said, if the plea had been good this blast upon her character originated alone from the conduct of
The verdict for $10,000 will not be disturbed. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.