Douglas v. Gausman

Citations

• 68 Ill. 170

Syllabus

<p>1. New trial—on ground of excessive damages. In an action for breach of contract to marry, the jury are the sole judges of the amount that shall be axvarded as damages. A new trial xvill not be granted on the ground that the damages are excessive, except when it is apparent that the jury have misunderstood the evidence, have been governed by passion or prejudice, or have acted with a reckless disregard of the evidence.</p> <p>3. Damages, excessive—breach of man'riage contract. In an action for breach of a contract to marry, xvhere the proof showed the defendant to be worth about $35,000, a verdict assessing the plaintiff’s damages at $3600 was held not excessive.</p> <p>3. Evidence—pecuniary circumstances of defendant. Evidence of the pecuniary circumstances ot' the defendant is properly admissible in evidence on the trial of an action for a breach of a contract to marry. The married women’s acts have not changed the rule in this respect.</p> <p>4. And in such a suit it is not error to admit evidence of the pecuniary circumstances of defendant at the time of the engagement, as it tends to show what he is worth at the time of the trial. He may show that ho has sustained loss, if such be the fact, and thus show himself to be worth less.</p> <p>5. Married women. Since the passage of the several acts known as the “married woman’s law,” the husband is left to support his wife, so long as she remains with him and discharges her duties, as he was before. And the court are not prepared to hold, under the later enactment on the subject, that a wife may abandon her husband without his consent, for the purpose of acquiring earnings for her separate use, or that she majv without the consent of the husband, neglect or avoid the duties that the relation imposes on her, for such purpose.</p>