
    Margaret Healey vs. Cornelius O’Sullivan.
    hi an action for breach of promise of marriage, evidence is incompetent in defence to show a common rumor and report among the plaintiff’s friends, after the commencement of her action, that she was engaged to be married to another man; although evidence has been introduced of a declaration then made by her that she was going to be married.
    Contract for breach of promise of marriage. At the trial in the superior court, before Russell, J., the defendant, for the purpose of showing that since the commencement of the action the plaintiff has received the attentions of another man, and entered into a contract of marriage with him, introduced evidence tending to show that, within that time, she had stated that she was going to be married, without mentioning to whom; and he then offered to prove that there was at that time a common rumor and report among her friends that she was engaged to be married to one Boach; but the evidence was rejected. The jury returned a verdict for the plaintiff, and the defendant alleged exceptions.
    
      W. P. Webster, for the defendant.
    
      T. H. Sweetser, for the plaintiff, was not called upon.
   By the Court.

The evidence offered was hearsay, and does not come within any of the exceptions to the rule excluding such evidence. Exceptions overruled.  