Crouch v. Quigley

• Citation: 258 Mo. 651,167 S.W. 978
• Decision Date: 02 June 1914
• Docket Number: No. 16554.,16554.
• Parties: CROUCH v. QUIGLEY.
• Court: Missouri Supreme Court

167 S.W. 978

258 Mo. 651

CROUCH v. QUIGLEY.

No. 16554.

Supreme Court of Missouri, Division No. 1.

June 2, 1914.

ACCORD AND SATISFACTION (§ 17)—BREACH OF MARRIAGE PROMISE—ACCORD WITHOUT SATISFACTION.

Where defendant, breaching his promise to marry plaintiff, agreed to make a settlement, which agreement was never executed, plaintiff could sue on the original cause of action, without tendering back the sum received by her from defendant before bringing the action.

Appeal from Circuit Court, Douglas County; Jno. T. Moore, Judge.

Action by Della Crouch against William B. Quigley. From a judgment for plaintiff, defendant appeals. Reversed and remanded.

E. C. White and G. W. Barnett, both of Sedalia, for appellant. J. S. Clarke, of Ava, for respondent.

BROWN, C.

This is a suit for $24,000, damages for breach of promise of marriage. The petition states the promise made in February, 1906, preparation for the wedding to be held October 23, 1907, to which the friends and relatives were invited, and that the defendant failed to attend; that the day was again set for May, 1908, with the same result; and that thereafter, during the last-mentioned year, the defendant married another woman. The answer, after a general denial in the usual form, proceeds as follows:

"Defendant, further answering plaintiff's petition, states that on or about the 5th day of May, 1909, the plaintiff herein, by her attorney, E. C. White, and this defendant, entered into an agreement to settle all the differences existing between plaintiff and defendant on account of the matters and things set forth in plaintiff's petition, in consideration of which defendant paid plaintiff the sum of $100, which amount was to be and was in full settlement of all claims and demands whatsoever growing out of, or in any manner affecting, the demands, statements, and claims in said petition set forth, and that this defendant says that he does not owe this plaintiff anything on account of any marriage contract, or on any other account. Defendant, further answering, says that since said settlement, and the payment of the said sum of $100, this plaintiff has filed three suits against this defendant, asking judgment for the sum of $24,000 respectively, thereby violating her agreement with defendant to settle their differences, thereby attempting to extort from this defendant money in violation of her said agreement. The premises considered, defendant asks that the court find that said defendant paid said plaintiff the sum of $100 in full settlement of said demands in plaintiff's petition set forth, and that said amount be adjudged to be in full payment of all damages that may have been due plaintiff on account of the violation of said marriage contract, and for costs."

The defendant at the trial admitted the contract of marriage as alleged, that he had refused to carry it out, and had married another woman. After the plaintiff had introduced evidence bearing upon the question of damages, and rested, the defendant in his own behalf testified that after some negotiations with the plaintiff's attorney, Mr. White, he met the latter at Ft. Scott to settle, where the following took place:

"I got off the train, and he was on the platform, and I talked with him 20 minutes, and told him I would give him $100, that was all I could do, and he gave me a check, and I changed it on the bank here, and gave it to him, and told him to hold it a day or two, until I got back to Ava."

The check was paid. He testified that at this meeting Mr. White presented to him written authority from the plaintiff to settle, but did not remember whether or not it authorized a settlement for $2,000.

Mr. White, for the plaintiff, testified that he met Mr. Quigley at Mansfield to talk over the settlement. He admitted that he had broken the engagement without reason, and after some talking Mr. White offered to take $2,500 cash, and Mr. Quigley wanted to know if he could make it $2,000. Mr. White told him he would confer with plaintiff, and if she would agree to that amount it would be done. It was mentioned that Mr. Quigley make notes, and he asked if notes signed by his father and Mr. Latimer would be satisfactory, and Mr. White said he would accept that kind of note, provided he would pay $500 in cash. They agreed to meet at Ft. Scott the 10th of May to close it out, when Mr. Quigley was to pay the $500 and deliver three notes of $500 each, signed by his father and Mr. Latimer as security. The date of the meeting was deferred by Mr. Quigley until June 12th, when they met at Ft. Scott for that purpose. They met as arranged, and Mr. Quigley began to make excuses about his ability to pay, but finally it was arranged that he would give his check then for $100, with the understanding that he would pay...