Page:The Green Bag (1889–1914), Volume 10.pdf/404

 The Law of the Land.

371

Married men seem to be a class exempt act that breaks and shatters hearts. Then after the honeymoon of the marriage made from all liabilities in the matter of breaking comes the breach of promise for damages hearts. A married man can win the love of for the one not made. In one case where as many other women beside his wife as he the man kept telling the woman he would can persuade to love him, and then break never marry any other girl but her, and his their hearts with a reckless abandon and it letters were signed " yours forever until will not cost him a penny. It is nothing death," and married another girl, the price but a merry sport, for it is written that the promise of a married man to marry when a of the broken heart was fifteen hundred dol lars. Similar circumstances in other cases divorce should be decreed between himself realized for broken hearts, two, three and and his wife in a suit pending, is contrary to public policy and void. In consequence five thousand dollars. All circumstances attending the breach the gay married Lotharios go scot free. are admitted in evidence in aggravation of There is an element of the humorous about damages. A proposition to procure a false hearts when the story of their brokenness certificate of marriage, the courting of is revealed in courts. The assessment of another and a richer woman, are matters damages of the broken heart in cash by a allowed to go to the consideration of the jury is contrary to the preconceived ideas of jury. In a case, after the woman brought the romance and poetry clinging around her action for breach of promise, naming as hearts. It seems to clash with the eternal the damages done her heart five thousand fitness of things to hear the tale of a broken dollars, she would meet the man on the heart told in court, or afterwards to read the street who would taunt her by hallooing tale in a somber legal report in the blunt after her " five thousand dollars damages," style of testimony, leading toward the and this circumstance helped to make the climax, the price of a human heart. One price paid for that heart three thousand longs for the appearance of a Daniel or a Portia to set matters straight in a dramatic dollars. way. The humor in it often becomes a de A man can break a heart and be liable pressing foolishness. for the price thereof without making a An amusing incident was introduced in a direct and positive proposal of marriage. If through faint heart or deliberate purpose case in a letter written by the woman to the the man beats around the bush, he may be man after he stopped visiting her, saying she made to pay for a broken heart as easily by did not want him, which the man asked the circumstantial evidence, as many a man has court to construe as a voluntary release, which construction was however refused. been hung by the same evidence. The sit uation of the parties, the length of time the Here are snatches of the letter. man pays attention as a suitor, the numer "If you want to make fun of me you must ous gifts or presents made from time to go somewhere else to do it, for no one in this time, the understanding between them, neighborhood thinks anything of you. I evinced by their actions before their friends suppose you think that you have got a rich and relations, are all elements going to one now, but such is not the case, everyone prove contract of marriage. Where in knows how rich they are. Well if I am small country villages a fellow does not go poor I do not wear one hat for five or six twice with the same girl until the gossips years like she does, and turn it hind part be have them engaged, it can be seen how fore like she does. You always promised soon the man may be in a position to be me that you would marry me and I have come the purchaser of a broken heart. been told by dozens of people to sue you