Johnson v. Levy

Citations

• 122 La. 118
• 47 So. 422
• 1908 La. LEXIS 415

Syllabus

<p>1. Abatement and Revival — Actions-Breach of Marriage Promise — Damages— Compensatory and Exemplary Damages— Recovery Against Heirs.</p> <p>Compensatory damages may be recovered against the heirs of a decedent for his breach of a promise of marriage, where the obligor has been put in default as provided by law. Johnson v. Levy et al., 118 La. 447, 43 South. 40. But exemplary damages are not allowable in such a case.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 1, Abatement and Revival, § 252.]</p> <p>2. Contracts — Putting in Default — Necessity.</p> <p>No formal putting in default is necessary, where the obligor denies the existence of the alleged contract and declares his intention not to perform his part.</p> <p>3. Appeal and Error — Review — Questions of Fact — Verdict on Conflicting Evidence.</p> <p>Where, in a suit for damages for breach of a promise of marriage, the evidence is conflicting, the verdict in favor of the plaintiff on the question of contract vel non will not be disturbed, except where it is clearly erroneous.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 3928-3934.]</p> <p>4. Breach of Marriage Promise — Aggravation of Damages.</p> <p>The fact that the plaintiff was seduced under promise of marriage, and that such seduction was followed by pregnancy, is admissible in aggravation of damages.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 8, Breach of Marriage Promise, § 42.]</p> <p>5. Abatement and Revival — Breach of Marriage Promise.</p> <p>The fact that plaintiffs father, after the discovery of her pregnancy, killed the other party to the promise of marriage on the occasion of his refusal to marry the complainant, does not bar her claim for damages against the estate of the decedent.</p> <p>6. Breach of Marriage Promise — Excessive Damages.</p> <p>A verdict for $20,000 in favor of the plaintiff in a suit for damages for breach of promise of marriage instituted against the hei