BEAR HUGS AND KISSES
BREACH OF PROMISE CASE.
THE SCOT IN LOVE,
The characteristics of the Scot in affairs of the heart, were discussed by the Court of Appeal in Wellington last week in the breach of promise case of Balfour and Ritchie. The action is one in which Magdolene Paton Ritchie sued Claude Balfour (otherwise Caradus) for the breach of a promise to marry. When the case was before the Supreme Court the jury decided in favour of Miss Ritchie, and awarded her £IOOO damages. Against this decision Balfour appealed. Mr C. P. Skerrett, K.C., appeared for the appellant, and Sir John Findlay, K.C., on behalf of the respondent. Sir John Findlay addressing the court after Mr Skerrett, said that the jury had decided unanimously in favour of the woman. Mr Skerrett, in his address, had treated the contract as though it were a commercial deal between keen business people over a cargo of pig-iron. The jury, who were me nof the world, were not embarrassed by legal formalities, and went straight to the simple question of whether Balfour promised to marry Miss Ritchie. They decided that he did, and the evidence which had to be taken as a whole amply | justified the jury. Mr Skerrett had refer- | red to the rather laconic reference in the I letters produced, but they knew that the Scotch nation had always been very undemonstrative in expressing its feelings. Such strictures as might be passed on an Irishman making love might be quite unjust when criticising a Scotchman. In one letter read by Sir John Findlay, Balfour asked Miss Ritchie not to sell her little section at The Grange. “It will certainly come in very handy for you and I; let us say in the not too distant future,” Balfour wrote. The Chief Justice: How is it signed?— It is signed “Claude,” in a nest of kisses. Mr Skerrett: Signed ‘Tours very faithfully, Claude.” Sir John Findlay; The degree of faithfulness is shown by the number of kisses. I believe there were nine. The Chief Justice: I think that is the strongest statement we have in the letters. Sir John Findlay: Yes. When another letter was read, Mr Justice Cooper remarked: “He puts eight kisses on that letter.” Sir John Findlay; Oh, more than that. 1 have eleven on mine. Mr Justice Cooper; My copy has only eight. Mr Skerrett: The typewriter got tired. Writing to Miss Ritchie from a town in Australia, Balfour said, in reference to a girl who was a friend of theirs, that he would like to give her a bear’s hug—“one of those good old squeezes you used to ask me for.” He added; “I would like to give you a bear’s hug to-night. I have not had a bear’s hug since I came to Australia. This country is no good for bear’s hugs.” One of the counsel: Too warm, perhaps. Mr Justice Chapman (authoritatively); No bears. Sir John Findlay contended that the letters were more than business and friendly letters; they pointed to intention to marry. The absence of an engagement ring was nothing where the girl was Scotch. The Chief Justice; The poorer people in Scotland have no money to spend on rings. The Scotch people used to be very careful of their money. I don’t know if they are now, judging by some one sees out here. The decision of the court was reserved.
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Southland Times, Issue 18815, 7 May 1920, Page 2
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569BEAR HUGS AND KISSES Southland Times, Issue 18815, 7 May 1920, Page 2
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