Kraxberger v. Roiter

• Decision Date: 21 March 1887
• Parties: KRAXBERGER v. ROITER.
• Court: Missouri Supreme Court

3 S.W. 872

91 Mo. 404

KRAXBERGER v. ROITER.

Supreme Court of Missouri.

March 21, 1887.

1. BREACH OF PROMISE OF MARRIAGE — RELEASE — RETURN OF RING.

In an action to recover damages for breach of promise of marriage, defendant admitted the engagement to marry, and the breach on his part, but relied upon the act of plaintiff in returning to him the engagement ring when he told her he no longer loved her, and would not marry her. Held, that such act did not constitute a waiver or release on plaintiff's part of her right of action for the breach, and the jury should have been peremptorily instructed to find for plaintiff.

2. APPEAL — RULING UPON EVIDENCE — RECORD.

The ruling of the trial court in refusing to allow a witness to answer questions put to him, cannot be reviewed, on appeal, where the record does not disclose that the answer expected of the witness would have been material to the issue in the case.

Appeal from circuit court, Morgan county.

D. F. Wray, for defendant in error. W. Anthony, for plaintiff in error.

BRACE, J.

Action for damages for breach of promise to marry. Defendant admitted the engagement, and pleaded a release. The jury found a verdict for the plaintiff for $3,000. The following is all the evidence in the case that it will be necessary to consider in passing upon the errors complained of:

Plaintiff testified: "We were engaged about three months, when he commenced to break off the engagement by letters. At first I could not believe that he meant what he wrote, and wrote him for an explanation. When I learned he was in earnest, it almost made me crazy. I could not eat or sleep. I came to Missouri. Went to Uncle Mike's. Stayed all night. Next morning went to see the defendant. He treated me very cool; would scarcely speak to me. He said it was time to break off the engagement. He said his feelings were changed, and that he could not marry me; that he loved another woman; that he loved her before he met me. I took off the ring he had given me, and gave it up to him; and told him he did not talk that way when he courted me, and won my love; and told him the way he had treated me had broke my heart. I did not know what I was doing when I gave him the ring. He said he had written to me, and told me what the reason was. He then hung his head down, and would not talk to me any more. I then left the room, and told him I would see him again. I went to see him because I could not believe what he had written in his last letters, as it was so different from what he had said and written before. I have his letters." (The letters were read to the jury, but not embraced in the bill of exceptions.)

On cross-examination, the witness was asked the following questions: "Question. Since this conversation had with defendant, and after you had given up the ring and presents to defendant, did you have any conversation with Preacher Kleckner? [Objected to by plaintiff, and objection sustained.] Did Preacher Kleckner tell you that a marriage engagement could not be canceled, and it was your religious duty to enforce it, or words to that effect? [Objected to by plaintiff, and objection sustained.]"

Defendant, in his own behalf, testified: "I wrote the letters read in evidence. I referred to another lady in one of those letters. I was engaged to her before I was engaged to plaintiff. I thought I had got over my love to her, and told plaintiff so before we were engaged, but found I had not, and changed my mind about marrying plaintiff, and wrote to plaintiff immediately. She came to my father's house to see me. I told her how it was; that I could not marry her with a clear conscience; and she offered me the ring, — our engagement ring, — and some other presents I had made her. I did not take them, but told her she could keep them. She laid them on the bureau, and left them. When she left she said she would see me again about it. We had no more conversation."

On cross-examination he said: "I conveyed the impression to her that it would be wrong for me to marry her. I told her that I had become convinced I...