Bundy v. Dickinson

Citations

• 108 Wash. 52
• 182 P. 947
• 1919 Wash. LEXIS 827

Syllabus

<p>Parties (1)—Capacity to Sue—Marriage. A divorced woman had legal capacity to sue for breach of promise where the complaint alleged that she was unmarried at all times mentioned in the complaint.</p> <p>Abatement and Revival (10)—Another Action Pending—Dismissal. Where a former action for breach of promise based on a prior promise was dismissed by stipulation although defendant withheld the stipulation from the files, its pendency cannot be pleaded in bar of a subsequent action based upon'.a promise made after the settlement of the first action.</p> <p>Release (7)—Pleading. A release relied upon in an action for breach of promise must be affirmatively pleaded as a defense.</p> <p>Appeal (456)—Harmless Error—Admission op Evidence—Cure by Instructions. In an action for breach of promise, error in receiving evidence of prior promises made while plaintiff was a married woman is cured by instructions that, to recover, plaintiff must show the promise relied upon after she obtained her divorce.</p> <p>Breach op Marriage Promise (7)—Damages—Amount. Thirty thousand dollars for breach of promise cannot be said to be excessive, where defendant admitted that he was worth $90,000, especially where he made accusations against the chastity and good character of the plaintiff.</p> <p>New Trial (35) —Newly Discovered Evidence — Materiality — Diligence. A new trial for newly discovered evidence is properly denied where it would not likely affect the result, and no effort had been made to secure the evidence although it was known to counsel that the witness might have knowledge of the facts.</p> <p>Same (49)—Misconduct op Jury. The denial of a new trial for misconduct of the jurors will not be disturbed where there were counter affidavits as to the credibility of certain affiants which were passed upon below.</p> <p>Same (32)—Absence op Witness—Diligence. A party cannot complain of being deprived of a subpoenaed witness who departed before testifying, where there was no diligence to