In Robinson v. Smith, supra, the plaintiff in an action for breach of promise of marriage, the defence to which was a denial of the promise, described herself at the trial as a single woman. The jury found a verdict for the plaintiff. The defendant applied for a new trial on the ground that since the trial he had obtained evidence from two persons previously unknown to him to the effect that some years before the trial the plaintiff had made statements to them which, if true, proved that before the date of the promise the plaintiff had been married to a man who was still living. The plaintiff filed an affidavit in which she did not deny making the statements, but stated that she had never been married.
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