BREACH OF PROMISE.

Te Aroha News, Volume VII, Issue 454, 15 March 1890, Page 5

BREACH OF PROMISE.

Nelson, March 11. A breach of promise action, Charlotte Mills v. Hyams, commercial traveller, of Wellington, was heard on Saturday ; Mr Pitt for plaintiff; Mr Jellicoo, of Wellington, for defendant. The plaintiff, who claimed £5.05 damages, was the only witness, save the Registrar of Marriages, who deposed that the plaintiff requested him to attend on Christmas qiorniog last to marry the parties. A number of letters were put in, and it appeared that by a letter of May, 1888, defendant a3ked plaintiff to marry him, and June, 1889, was at first fixed for the event, and subsequently Christmas Ray. Defendant had denied the contract, and pleaded infancy, but in Court Mr Jellicoe in effect admitted the former, and acknowledged that defendant was of age. Defendant’s letters breathed affection till the 24th of October last, but on the 7th November he wrote a letter in which he said, “ The test has come. I fought against the feeling as long as I could, but it was no use, and then came the thought which had never before entered my mind, ‘ls she suited to me as a wife ?’ and I then knew my love for her had died. My heart answered Yes, but r.y bead sa,yf, No, you are good and pure, all R>afc a woman should be, with a heart full of love and kindness, hut our lives lie in different directions. My tastes are not your tastes, and you would only be unhappy amongst ths people with whom I shall have to take my place in the world.” Mr Jellicoe addressed the jury, contending that the smallest coin of the realm was sufficient damages. His Honor said there was little that was ludicrous, in the case, and nothing tha,t dishonouring to either of the parties. ' The gentleman was fickle rather than false, and his letter breaking off the match showed him ii hian of good fueling.. The jury had to assess damage s , $ waa not a ease for vindictive damages. The jury, after half an hour, brought in a verdict for £l5O. Costs on the lowest \ were awarded to the plaintiff.