Anna M. Thorn, Respondent v. Aaron W. Knapp, Appellant

Summary

The New York Court of Appeals affirmed the judgment of the General Term, holding that in a breach of promise to marry action the jury may consider unproven, calumnious allegations placed in the defendant's answer as an aggravating factor for damages, and that such actions are measured as torts, allowing aggravated damages. The court relied on longstanding authority such as Southard v. Rexford and Johnson v. Jenkins. A concurring opinion agreed with the result but discussed the scope of the rule. Justice Allen, in concurrence, emphasized the seriousness of the unproven charge and its relevance to damages.