BREACH OF PROMISE

New Zealand Times, Volume LIII, Issue 12609, 20 November 1926, Page 4

BREACH OF PROMISE

INTERESTING EVIDENCE ANOTHER WOMAN IN THE CASE NURSE AWARDED £2OO (By Telegraph.—Special to “Times.”) WANGANUI, November 19. The sum of £2OO damages instead of £2OOO, as claimed, was to-day awarded to a qualified nurse. Louise Scanlon, in a breach of promise case against Alexander Hannay, of Palmerston North. The story as told to the Supreme Court was that the complainant had seen war service as a qualified nurse. During last December she had met the defendant, and they had been out a good deal together. He made frequent visits to Wanganui to see her. and as a sequence he asked her to marry him in February, the engagement being finalised by the gift of a ring, which was produced in court. NOT ENTHUSIASTIC Though she accepted the ring she had not been too enthußiastio over the proposal, as he was a widower with three children. He had proved himself a good wooer, however, and he had put up a good case for himself. The engagement was celebrated at' a tea party at Foster’s Hotel. He had informed her that he was manager for Manson and Barr. Limited, Palmerston North, and was receiving £IOOO a year. He remained in his own district while she continued her profession at Wanganui./ They were always together at most week-ends, and a regular correspondence was established as well as constant communications over the telephone. She did not keep all the letters, but the majority of them were couched in affectionate terms, such as one produced, dated March 9th, and starting, “My Darling Louise.’’

“THE FIRST CLOUD” The first cloud on the horizon was caused by something she had heard, but he denied the allegation when she asked for an explanation. His denial was accepted by her in all good faith, and in his next letter he said he felt that he was not good enough for her. To her the statement Was rather vague and seemed to have something at the back of it, so Bhe decided to investigate, and took a friend with her. He again denied that there was any cause why the engagement should not proceed, hut said that he had been worried over the business. He assured her that he was not a hypocrite. With the developments of correspondence she had received a letter saying “Yes. let the engagement bo off.” She had in the meantime prepared her trousseau, and all her friends knew that she had been preparing for marriage. The defendant had, according to liis own statement, informed his friends that Miss Scanloil had turned him down. His Honour said he could not discuss the trousseau unless details of the cost were submitted. The complainant admitted that there had been no demonstration of affection when lie had offered her marriage. The event occurred in February, on the occasion of the Wanganui races, and the acceptance was made when they were in a car together. Counsel for defendant suggested that the defendant and complainant had been getting on well together, and he gave her a ring with the understanding that if they continued their courtship and decided to get married he would give her a proper ring. This witness emphatically denied. She said the ring was too large, and he said when thev were married he would giv© her another ring. At Easter a party went to Auckland. She was there for two weeks and the defendant a few days. TIPS FROM JOCKEY There was a perceptible oooling-nff and she had written to him on the dnv of the Otaki races, asking why ho had not telephoned and suggested that she was not of so much importance as previously. She had also written him with the request that he should ,nct carrv on with another note referring to the Otnki races she had mentioned that she had met R n Y Reed, rnd he had given her three wins. Tlie letter concluded with “Lot« of love and not to hr peeved with her.’’ To replv to bis Honour, complainant said she had a consulting room. His Honour* said that a number of the letters handed in seemed to be referring to races. Complainant, continuing her crossexamination, said she would swear on oath that the defendant came to Wanganui after she had made a certain complaint to him and had an interview in her consulting room. The trouble was then patched up. She subsequently had another interview at the Grand Hotel, Palmerston North, and in view of her unquelled suspicions she again tackled him about a certain woman, but she accepted his word of denial. She did ask him if there was anyone else, and the question sho thought was quite a natural olio in view of the proposed marriage. When she left Palmerston North she did so with a complete understanding that when ho got over his business worries everything would bo as usual, He was still anxious for the marriage to take place. Her suspicions Were again aroused by something sho had heard, and she asked him to be a man. Personal investigation caused a satisfaction in her mind that there Was a good deal of truth in the allegation made. She was quit® RotUfied that from one point of view she was better without him. as he wasn’t a man at all.

Robert Bond, boardinghouse keeper, said the plaintiff had resided at his house. Tho defendant came to the house on a number of occasions to see her, and he had congratulated the defendant on the engagement. The defendant did not offer any evidence in denial of the statements made by complainant. “NOT LED ASTRAY”

Mr Cooper said the ease was not one in which a young girl had been led astray. There hfta only beeh a short engagement with apparently no feelings between the parties. Tho plaintiff had not suffered to any great extent except for pained feelings as a result of tho broken engagement. The defendant was not now' in the employ of Mnnson and Barr at £IOOO a year, although he was still a shareholder. Counsel contended that anv damage the plaintiff had suffered was negligible. He concluded that the minute the engagement was terminated the plaintiff wrote regarding how much he was prepared to pay for breaking it off.

Mr H. F. O’Leary said it was unfortunate that Hannay had not gone into the box, but he had had the courage to Como into the court and sit with his counsel and let them see what Miss Scanlon had missed in regard to a husband. He was a luun of matured

years and had entered into an cw* gngoment with the evident intent that it should mature into a marriage. Ho afterwards became infatuated with another woman. Counsel contended that the defendant had ceased to act as managing director of Manson and Barr only until such time as the action was over. Mr Cooper: Not so. His Honour did not comment on the case. and without nnv diftMission as to the merits or demerits of the claim, he awarded damage*? for £2OO, with costs on the lower scale.