BREACH OF PROMISE CASE

Wairarapa Times-Age, 31 October 1939, Page 8

BREACH OF PROMISE CASE

CLAIM FOR £5OOO DAMAGES. PLAINTIFF APPLIES FOR NON-SUIT. (By Telegraph—Press Association.) PALMERSTON N., October 31. An application by plaintiff for a nonsuit was granted in the Supreme Court today in a case in which Hilma Kathleen Polson, Wellington, cairned £5OOO damages from James Lawrence McMillan, building contractor, Palmerston North, for an alleged breach of promise to marry. When plaintiff had finished giving her evidence this afternoon her counsel asked for leave to amend the statement of claim to include renewal, of a promise to marry to between the time of the decree nisi and the decree absolute granted in respect of McMillan. The point was discussed in chambers, and' when Mr Justice Johnston resumed his seat on the bench counsel said plaintiff had elected to take a nonsuit. His Honour said that in his view it was impossible to amend the statement of claim so as to include the new cause of action and that on the original cause of action the defence of the Statute of Limitations was conclusive. The only course was to accede to plaintiff’s application for a noiasuit. Addressing the jury, his Honour said there were certain legal difficulties in the way of plaintiff, who asked that she be nonsuited. That meant that she withdrew from the present proceedings and could take other proceedings if she thought fit.