Page:The Green Bag (1889–1914), Volume 09.pdf/264



CURRENT TOPICS. PROMISE то MARRY. — The New York Court of Appeals has struck a hard blow at woman in its recent decision in Yale v. Curtiss, to the effect, quoting the language of the judge who wrote the opinion, that "Mere courtship, or even an intention to marry, is not sufficient to constitute a contract. ' There must be an offer and an acceptance, sufficiently disclosed or expressed to fix the fact that they were to marry, as clearly as if put in formal words.' " The plaintiff was 28. the defendant was 46. He had been a bank clerk for 19 years in New York, and then returned to Norwich, having inherited property from his father, and went to live with his married sister. He and the plaintiff both sang in the same church choir, and she taught music. For three years he "saw her home" from prayer meetings, took her to public en tertainments, took her riding once or twice, and fre quently went into her house on her invitation on their return from these exercises, but never remained later than u o'clock. He never called except in this way, and did not always accept her invitations. He some times escorted other young ladies to public enter tainments. His discourse was not pointed in the di rection of matrimony. He once asked her if she would be afraid to cross the ocean, remarking that •• husband and wife is party enough for me if I go." Once he asked her which of two vacant town lots she preferred, but said nothing of the lonesomeness of his lot. Sometimes he told her he liked to take her to the entertainments she best liked. But he never spoke any word of endearment to her, al ways called her Miss Yale, and — fatal omission — he never hugged nor kissed her. He never begged her for a Yale lock. At length he met the Other Girl. Then her mother informed her that she had heard that he had said he had just been fooling. Then she called him to book, and according to her account, he strenuously denied the base accusation. but admitted that he admired her greatly — none more greatly — longed to make her happy, would do anything to rescue her from trouble, and would al ways protect her, and would make her happy. She said she didn't care what people said if he was " true," and he said he was " true." But she meant love,

and he meant friendship. Fine words, but they but tered no parsnips. He came no more. He sharply de nied much of this parting interview, as testified to by her, but the jury believed her, and gave her damages, $3,000. But the Court of Appeals now hold that so unenterprising a young woman, who could not warm up a man more than that with all her opportunities, did not deserve him as husband. Haight, J., who is, we fear, a cold-blooded man, says here is no evidence of a contract, or even an intention to marry; that the minds of the parties did not meet on matrimony; that Miss Yale probably meant business as conducted by Cupid, but Curtiss was a Platonist, and, recalling his banking days, merely intended to secure an option on his co-vocalist. A girl who sang in the choir ought to have recalled "Pickwick Papers," and profited by Mrs. Bardell's example, or sung with him the half-hour-long love duet from Tristan and Isolde. But after all, she only failed where greater ones have failed before; the Fates were against her as they were against Dido, and it was recorded in their book that her /Eneas was to build on one of those lots for that Other Girl. SHAKESPEARE IN THE INNS OF COURT.— "Twelfth Night " was enacted in the Middle Temple Hall, on the i ith of February last, by the Elizabeth Stage So ciety. It was 296 years since its last presentation at the same place, namely February 2. 1 6o i! Thafseems a pretty long wait. SPORTING JUDGES. — The following is clipped from the London " Law Journal " : •' ' It is now possible,' says the ' Westminster Gazette,' ' to form a Court of Appeal of old " Blues." Both Lord Esher and Lord Justice Smith won their blue at rowing, while Lord Justice Chitty gained his in the cricket field.' As a matter of fact, all three learned judges are old 'Varsity oars, the Master of the Rolls and Lord Justice Smith having rowed for Cambridge, and Lord Justice Chitty for Oxford. There are those who say that Lord Jus tice Chitty just managed to carry the constituency of Oxford City by the help of his boating acquaintances along the river. His majority was but ten." These judges continue to be handy with their skulls. 235