BREACH OF PROMISE

Hokitika Guardian, 17 June 1931, Page 5

BREACH OF PROMISE

J-L-FATED JOURNEY FROM JOHANNESBURG. WELLINGTON, June 11. Claiming that she had come to Wellington from Johannesburg at the request of Wolf Rozental, a Wellington draper, Chain Zak, a nidi liner, sued Rozental in the; Supreme Court to day for damages. Stating that he haa itfused to carry out his part of the contract, she askej for £ll2 special damages and £7-5 general damages. His Honor' Mr Justice MacGregor awarded £l7-5 as full damages, with costs on the lowest scale, Plaintiff claimed £2O as the cost of her passage from Johannesburg to Wellington, less £;5 contributed by defendant ; cost of her return passage to Johannesburg. £3.5; loss of earnings for four months, £sl; accommodation in Wellington, £6; and general damages, £7o;. a total of £lB7. The costs of the action were also claimed. The defence admitted that the question of marriage had been discussed, but stated that, until plaintiff and defendant met at Wellington, tneir knowledge of each other was limited to the impression each had formed of the other from correspondence and, in each case, a photograph. It was further stated that plaintiff came to Wellington under an arrangement by which defendant paid a proportion of her exjienses and subject to the condition that, if after a personal interview they were, both of a mind to marry, a contract of marriage should take place, Defendant denied that plaintiff's passage to Now Zealand was made for the purpose of marriage. Jt was alleged that she was lodged free of charge at his home at Wellington and with her friends until she procured employment at wages equal to her earnings in Johannesburg and that she had since become domiciled in Wellington.

ARRANGED BY HIS MOTHER. Mr Mazengarb, in opening plaintiff's case, said that the parties were Polish Jews. The match was arranged by tie fendant’s mother. The romance commenced in 1329 when Rozental, who had established himself in business Newtown as a supplier of women's frocks, following the precedent established by his forefathers in the case of Isaac and Rebekah, wrote to his mother, who was still in Poland, to choose him a wife from among his own kindred. His mother had no hesitation in picking out a capable, pretty milliner named Cha.ia Zak as being one who could not fail to please her son.

The girl was willing and carried out her intention to emigrate to Johannesburg with the knowledge of Mrs Rozental. The mother spoke of her as her daughter-in-law and secured a photograph upon which the would-be bridegroom could gal l ile“b(Vetititd"ffp a (.•orrespotidouee with tins original, 'Hie mother, ns matrimonial agent, hud told the girl that her son would be contented with the one she chose, hut the girl naturally expected to be asked bv the man himself.

A BURNING DESIRE. Shortly alter her arrival in Johannesburg she received the lirst of a series ot letters which led to die formation of a contract to marry. Rozentai also wrote to the girl’s parents in Poland. The early ■ letters were in Russian, but his subsequent letters and all hers were Yiddish, that being a Jan. guage which furnished a greater facility of expression in a Polish courtship. The letters had been interpreted, but the translations did not agree. Although there were inevitable differences, a comparison of th.e versions showed a definite offer of marriage and a burning desire on the part of defendant to complete the nuptials immediately upon the girl’s arrival in New Zealand.

"He tells her, for instance,” counsel proceeded, “that he has a very nice house and furniture and not a bad business. He instructs her to say on her application for a permit that she is coming to her fiance. He tells her not to buy any clothing as he has got everything in his shop and that all she will need is £23 to add to the money he is sending for her ticket. Furthermore, he wrote to her parents for a loan of one hundred dollars and he joined the Synagogue here because, I am told, one can be married much cheaper in a synagogue if one is a member.’’

ANOTHER GIRL, Plaintiff came to Wellington under the protection of RozentaTs male friend, counsel said. She was met on arrival by Rozentai and his mother, and was taken to Ins home and also to inspect the shop at Newtown. On the following day he informed her that the marriage would not take place and that she was to go back to South' •.-»i)ica. His explanation was that he had fallen in love with another girl. Pljiiubiff was naturally upset, and asked why he had not told her that he had another girl before she had left Johannesburg. Evidence was given along these lines’.

His Honor, in delivering judgment, sard that for more than one reason he would have preferred that the case should be tried bv a jury. Had the case been heard before a jury there was little doubt as to how the verdict would have gone.

VERY SERIOUS INJURY. “I am satisfied," said bis Honor, "that in the first place defendant agreed to his mother picking for him a wife in Poland. .1 am satisfi d that defendant agieed to marry the girl

when she arrived in New Zealand, am I am satisfied that the condition raiset by defendant, that plaintiff came/ out on approval, has not been provedy Defendant was not at- liberty to play fast and loose in this way. I do not- believe defendant's story that he repudiated her because she did not come up to her photograph, as I do not believe that the photograph does the girl jus ifice. There is no doubt that the gw: suffered very serious injury by beintreated 'in this way, and that she als was put to considerable expense, i 1 coming to New Zealand from Johannes burg.” ' His Honor awarded plaintiff £l(s a" full damages, with costs on the lowes scale. disbursements, witnesses’ penses anti interpreters' fees to be fixe-' by the Registrar.