Mary E. Wade, Appellant v. Martin Kalbfleisch, Respondent

Summary

The New York Court of Appeals affirmed the lower court's denial of a motion to revive a breach of promise of marriage action against the executors of the deceased promisor. The Court held that such an action is a personal injury claim, not an action upon contract within the meaning of the Revised Statutes, and therefore does not survive the death of the promisor.