Volume 220 — Michigan Reports

, presiding. Assumpsit by the Rawlings Manufacturing Company against the Red Run Golf Club for commissions on the sale of certain bonds. Judgment for plaintiff. Defendant brings error.

), J., presiding. Bill by the township of Cooper against Albert Little, drain commissioner of Kalamazoo county, and others to enjoin certain drain proceedings. From a decree for plaintiff, defendants appeal.

), J. Lenore Trudell was convicted of violating the liquor law, and sentenced to imprisonment for 6 months in the Detroit house of correction.

<p>Exceptions before judgment from Muskegon; Vanderwerp (John), J.</p> <p>George S. Harvey was convicted of statutory rape.</p>

<p>1. Breach of Marriage Promise — Seduction—Appeal and Error —Evidence—Admissibility.,</p> <p>In an action for breach of promise of marriage accompanied by seduction, where defendant without objection testified concerning the child, and the fact that he was born was already before the jury, no error was committed in permitting plaintiff to testify to the date of his birth.</p> <p>2. Same — Mistrial—Conduct of Plaintiff — Involuntary Fainting.</p> <p>Where the trial court was convinced that plaintiff’s fainting during her examination was beyond her control, there was no abuse of discretion in the denial of defendant’s motion for a mistrial.</p> <p>3. Same — Evidence—Admission of Friendly Letters Although Remote Not Prejudicial.</p> <p>The admission in evidence of merely friendly letters written by defendant to plaintiff several years before they became intimate, held, not prejudicial to defendant.</p> <p>As to measure of damages for breach of promise to marry see note in 41 L. R. A. (N. S.) 840.</p> <p>4. Same — Evidence of Defendant’s Wealth Admissible. — 'Instructions.</p> <p>There was no error in the admission of evidence of the value of defendant’s interest in his father’s estate, of which he was to receive the income only while under 30 years of age, where the jury were carefully instructed as to the use which they should make of said proof.</p> <p>5. Same — Conflicting Testimony — Great Weight of Testimony —New Trial.</p> <p>A verdict in plaintiff’s favor, justified by proof offered by her, cannot be said to be against the great weight of the evidence, although her testimony was contradicted by defendant.</p> <p>6. Same — Excessive Verdict — Damages.</p> <p>A verdict for $35,000 in favor of plaintiff cannot be said to be excessive, where defendant’s counsel admitted that his interest in his father’s estate was worth $334,000, although only the income was payable to him while he was under 30 years of age.</p> <p>7. Same — Argument of Counsel — Trial—New Trial.</p> <p>Where the trial judge forcibly brought to the attention of the jury the impropriety of the argument of plaintiff’s counsel, and neither the verdict nor the amount of damages awarded plaintiff reflected said improper argument, the motion for a new trial therefor was properly denied.</p> <p>8. Same — New Trial — Not Reversible for Newspaper Publicity.</p> <p>Although much publicity was given to the case by the newspapers, where plaintiff was in no way responsible therefor,, the jury were warned against reading or forming any opinion therefrom, and it is not apparent that the verdict for plaintiff or its amount were influenced thereby, and there is nothing in the record to indicate that another trial relieved of the publicity complained of would produce a different result, a new trial was properly denied.</p>

), J. Case by Hiram V. Wiggins, administrator of the «state of Ulysses C. Wiggins, deceased, against the Ford Motor Company and another for the alleged negligent killing of plaintiff’s decedent. Judgment for -defendant Ford Motor Company on a directed verdict. .Plaintiff brings error.

), J. Assumpsit by Mateluz Kolodziejczak against Anthony Bak and others for commissions on the sale of real property. Judgment for defendants on a directed verdict. Plaintiff brings error.

), J., presiding. Bill by George E. Bohm and others against Abraham Silberstein and another to enjoin the violation of certain building restrictions. From a decree for plaintiffs, defendants appeal.

), J. Mandamus by the Child Welfare Society of Flint to compel Kennedy School District to admit certain children into its school. From an order granting’ the writ, defendant brings certiorari.