Bennett v. Beam

4 N.W. 8, 42 Mich. 346, 1880 Mich. LEXIS 656
CourtMichigan Supreme Court
DecidedJanuary 7, 1880
StatusPublished
Cited by28 cases

This text of 4 N.W. 8 (Bennett v. Beam) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bennett v. Beam, 4 N.W. 8, 42 Mich. 346, 1880 Mich. LEXIS 656 (Mich. 1880).

Opinion

Marston, C. J.

The action in this case was brought to recover damages for breach of a contract to marry.

I. It is alleged as error that the plaintiff was allowed to prove a promise to marry when certain buggies, which were in process of manufacture, were finished, while the declaration alleged a promise (1) upon request; (2) within a reasonable time; and (3) generally.

This evidence was properly admitted. It was a part of the entire transaction of what was said by the parties, and it was for the jury to determine, not from any particular sentence or conversation, but from all the facts and circumstances of the case, the actual agreement entered into, if any, and whether the promise alleged in the declaration was proven. A particular conversation, one of several relating to the same subject-matter or a part thereof, may tend to establish an. agreement other or different from that set forth in the declaration; but so long as it forms but a part, or one of several, and is otherwise admissible, it cannot be rejected because in apparent conflict with the contract alleged. To reject such evidence would be to so clip and trim the facts as to present to the jury but a meager portion thereof, while they should hear all that was said by, and what took place between the parties, relating to or fairly bearing upon the question of a promise to marry. Expressions used, when considered alone, might have a strong [349]*349tendency to prove a promise to marry at a particular time, yet when taken in connection with other facts and circumstance's, the tendency might be very different. To so frame a declaration that each expression or distinct promise made would be counted on, would ie of no benefit to the defendant, and would, -we think, make the pleadings needlessly prolix, uncertain and misleading.

I am not satisfied but that this evidence, standing alone, would tend to support the declaration. It was of a promise to marry when certain buggies then in process of manufacture were finished. No time was then mentioned, nor did it otherwise appear when the buggies were to be finished. The law therefore would imply a reasonable time, and even if the buggies had never been made, the party could not abandon his contract on such a ground, because evidently their completion had no important bearing on the contract.

II. It is alleged as error that the plaintiff and her father were allowed to testify as to the effect of the alleged refusal to marry, upon her mind and feelings. That such evidence was admissible under the general allegations of the declaration we consider too clear to require argument. The effect upon her mind and feelings was one of the usual and natural results- of -the breach, and had an essential bearing upon the question of damages.

III. That it was not proper to show the financial standing of the defendant.

' In this State it is a well settled legal axiom that the just theory of an action for damages, and its primary object, are that the damages recovered shall compensate for the injury sustained. There are exceptions to this rule, but it would not be claimed that this case comes within them. Now the contract for a breach of which this suit was brought, was one for a life association of interests, and it is one of the most obvious facts that the pecuniary circumstances of the defendant, as well as his social position, would largely influence any one’s [350]*350estimate of the damages suffered. This would be so even if the woman had in no manner taken the man’s property into account in engaging herself to him, but the law always supposes that property considerations are not ignored in these eases.

In cases like the present, what. loss is it that the plaintiff has sustained by a breach of the contract ? To determine 'this we must look at the surroundings and see what it was to which the defendant invited her. If it was to a home of poverty and a life of probable hardship and misery," the loss would apparently be small; but if it was to a home possessed of and surrounded by all the comforts and even the luxuries of life, and where her social position in the circles in which she would move by right of the marfiage would be the very best, the case would be exactly the opposite, because in such case there would be abundant promise of social and domestic happiness. But beyond this the very marriage confers certain rights in the husband’s real and personal estate of which she cannot afterwards be deprived except by her own consent, and she would naturally and justly look to them as her security against becoming dependent through the accidents and misfortunes of life. It is all these that the breach of the marriage contract deprives the woman of, and she is allowed to prove them, not to show that he will be able to, satisfy a judgment if she obtains one, but to measure the extent of her loss.

For the breach of an ordinary contract, as for the sale and delivery of goods, the wealth of the defendant can and should have no possible bearing in the case, as it could in no way enhance or lessen the damages sustained. In such a case the damages would be ascertained according to well settled rules dependent upon the condition of the market and other circumstances which the defendant’s wealth could not to any appreciable degree affect. In this case a prospective participation in the wealth of the defendant is one of those things of which the plaintiff by the breach has been deprived, and ¿oes [351]*351therefore to the extent of the injury. Miller v. Rosier, 31 Mich., 478; Kelley v. Riley, 8 Am., 336: 106 Mass., 339. See also James v. Biddington, 6 C. & P., 589; Berry v. DaCosta, L. R. 1 C. P., 331.

In this connection it was urged that the alleged seduction of the plaintiff by the defendant was admitted to aggravate the damages, and that the court in charging the jury was too vague and general 'in saying “that fact [the seduction] should go a great way in estimating the damages.”

It certainly would be somewhat difficult for the court to accurately define or prescribe just what effect should be given to such an act. That proof of the fact is admissible and may be considered by the jury in awarding damages in an action like the present, is not questioned. The damages which the jury may give on account of the seduction rest almost wholly with them, the court but seldom interfering because supposed to be excessive.

That the act of seduction, under a promise of marriage, should go a great ways with a jury in estimating the damages, ought to be true both in law and fact. In many cases the loss sustained from a breach of the agreement to marry may be but slight indeed; but never can this be the ease where the; life-long blight which seduction entails enters into the case. Eespectable society inflicts upon the unfortunate female a severe punishment for her too confiding indiscretion, and which the marriage would largely, if not wholly, have relieved her from. The fact of seduction should therefore go a great ways in fixing the damages, as in no other way could amends be made the plaintiff for the injury she sustained, or the defendant be properly punished for his aggravated offense. It would seem also to be in full accord with the sense of justice implanted in the heart of every right, high-minded person, and therefore with the reason of the common law. Sheahan v. Barry, 27 Mich., 217.

[352]*352TV.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Forman v. Prudential Insurance Co. of America
16 N.W.2d 696 (Michigan Supreme Court, 1944)
Scharringhaus v. Hazen
107 S.W.2d 329 (Court of Appeals of Kentucky (pre-1976), 1937)
Clark v. Roen
247 N.W. 722 (Michigan Supreme Court, 1933)
Cleavenger v. Castle
237 N.W. 542 (Michigan Supreme Court, 1931)
Hatton v. Stott
189 N.W. 850 (Michigan Supreme Court, 1922)
Burrill National Bank v. Edminister
111 A. 423 (Supreme Judicial Court of Maine, 1920)
Gagush v. Hoeft
171 N.W. 437 (Michigan Supreme Court, 1919)
O'Brien v. Manning
101 Misc. 123 (New York Supreme Court, 1917)
Booren v. McWilliams
157 N.W. 698 (North Dakota Supreme Court, 1916)
Stacey v. Dolan
92 A. 453 (Supreme Court of Vermont, 1914)
Luther v. Shaw
147 N.W. 18 (Wisconsin Supreme Court, 1914)
Kendall v. Dunn
76 S.E. 454 (West Virginia Supreme Court, 1912)
Vaughan v. Smith
96 N.E. 594 (Indiana Supreme Court, 1911)
Anderson v. Kirby
54 S.E. 197 (Supreme Court of Georgia, 1906)
Wrynn v. Downey
63 A. 401 (Supreme Court of Rhode Island, 1906)
Leavell v. Leavell
89 S.W. 55 (Missouri Court of Appeals, 1905)
Heasley v. Nichols
80 P. 769 (Washington Supreme Court, 1905)
Vierling v. Binder
85 N.W. 621 (Supreme Court of Iowa, 1901)
Sax v. Detroit, Grand Haven & Milwaukee Railway Co.
84 N.W. 314 (Michigan Supreme Court, 1900)
Gemmill v. Brown
56 N.E. 691 (Indiana Court of Appeals, 1900)

Cite This Page — Counsel Stack

Bluebook (online)
4 N.W. 8, 42 Mich. 346, 1880 Mich. LEXIS 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-beam-mich-1880.