The Weekly Law Bulletin Volume 44

The Weekly Law Bulletin Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: is held that a contract to marry is coupled with the implied condition that both parties remain in the enjoyment of life and health, and if the condition of the parties has so changed that the marriage of either, a breach of the contract is excusable. In the case at bar the evidence tended to show that the defendant was suffering from a disease afl'ectin the urinary organs which had deve oped subsequent to his engagement to the plaintiff, and in consequence of which he had sought release from the engagement. The court holds that he acted in ood faith, and that his physical con itlon justified the a leged breach of contract to marry the laintifl; and therefore reverses the ju gment in her favor. In a note to the decision our contemporary says that it is in accord with s preponderance of the little authority on the uestion. The court cites the case of Al en v. Baker, 36 N. C.. 91, and Shackelford v. Hamilton. 98 Ky., 80, which appear to be the only American authorities on the subject. A contrary decision, by a dividend court, was made in the case of Hall v. Wright, 96 E. C. L., 746. In that case, of eleven judges passing upon the question and delivering o inions seriatim, six were against the p ea and five for sustaining it. Our contemporary also notes an interesting sequel to the case at bar, not shown on the record. in that the afliict DECISION OF U. S. COURT. SIXTH U. S. JUDICIAL CIRCUIT. (U. S. D. C.. S. D. 0.. E. D.) Sept. 25, 1900. HERMAN FALTER et al. v. REINHARD & 00. et al. (1). A referee presiding at the first meeting has power to hear and determine the question of the right of a creditor's proxy to vote for the choice of trustee upon his offer to vote, and the same being challenged by other creditors. (2). more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • United States
  • English
  • black & white illustrations
  • 1236953231
  • 9781236953230