BROKEN PROMISE.

Press, Volume LX, Issue 18186, 24 September 1924, Page 10

BROKEN PROMISE.

RAILWAY OFFICER SUED. DAMAGES OF £l5O AWARDED. (spxci.ii. to "thx rn*3S.") WANGANUI, September 23. -U tho Supreme Court this morning, before Mr Justice Reed, Gertn.de A. M. Flettwood proceeded against John K. Lowo for the sum of £SOJ for alleged breach of promise Mr Watt, -who appeared for plaintift. said that both parties ™r* resident* of Wanganui of long standing and had "known each other sine* plaintiff was twelve years of ago. I***** °J ft defendant, whose wife had at that time onlv recently died, was boarding wit* plaintiffs mother in Uanganui. ine plaintiff, who was at that time working at Rata, used to come home occasionally and meet liim there. At that time defendant proposed to plaintiff and was accepted, but it was agreed to keep tiio matter secret owing to tho recent death of defendant's "wife. fcubsequentlv an engagement ring was purchased", and at first numerous letters of a lovable nature passed between the parties. However, the interval of time between the arrival of the letters had increased, and defendant commenced to write in "a cooling off" strain. Eventually, after the parties had not scon each other for nine months, defendant wrote to his fiancee tolling her that he did not intend to marry her.

The plaintiff, in evidence, said she was forty years of age, and had known I defendant between twenty-five and thirty years. She knew him before he was "married to his late wife, who died at Invercargill in 1921. His Honour: How'old is defendant? —Fifty years. Continuing, witness said that after the death of. his wife defendant boarded with her mother, and when she used to come home from. llata ahe used to meet him. About three days after her first visit to town the defendant asked "her to become his wife, and she accepted his proposal. Ho made a stipulation that they should keep the engagement a secret until after his wife- had been dead a year. Defendant told witness that ho had always loved and wanted her. He said that she would no doubt hear of other women, but she •was not to take any notice, of that fact. He also said that he had had three proposals from other women, who were always running after him. Subsequently he ihecanie cruel, and used to cast rather disparaging remarks about her appearance. She gathered that his intention was to "choke her off." He became very friendly with other women, and her feelings were of no account. The defendant made no complaint to her about her conduct. The day after he-said he would be faithful to her he gave her an engagement ring. When the ring was being purchased the defendant was very cool at first, but they parted company in a very affectionate way. Ho continued to write to her, but his letters ibegan to get "cooler," and the intervals between them became longer. His letters eventually became so cool that she failed to answer them, and she did not see him until nine months later at the Marton station. Cross-examined, witness admitted receiving numerous letters (produced) from the defendant, in which he wrote to her calling her "Tooty," and stating that his affection was an impulse and not lasting.' f He also asked her. on several occasions to'release him, and as a result of receiving a writ in January, 1924, said that he would consider the question of marriage, but at that time he was financially embarrassed. The correspondence of the first six months was of a happy nature. It was not produced in Court. Defendant, District Railway Engin- j eer, Auckland, . 6tated that' prior' to coming to Wanganui, he was stationed at Invercargill. His wife, who was' a cousin of plaintiff, died in the -South Island in September, 1921. At the present time he receiived £715 per annum, "which was- subject to deductions. Both of his daughters-were living with him. in . Auckland. When.'he came to Wanganui, he went to live with. Mrs Flettwood, at Gomyille, and plaintiff used to come into town from Rata periodically. Shortly' after coming to Wanganui met with an accident, and plaintiff used to attend to his comfort. He remembered that something took place between himself and the plaintiff in April, 1922, and subsequently he gave Miss Flettwood an en•gagement ring.. His affections for the plaintiff began to "cool off" in about August. He did not attribute the. reason for this- to the plaintiff, but to her mother. He was then in a better state of health to enjoy life, and realised that the conditions were not what they should be. He was adverse lo going on with the engagement, and. . his daughter was against it. His affection for the plaintiff was not sufficient to justify him marrying her. . All through his letters he requested plaintiff to relieve him from the engagement. At the Marfon interview, he informed her of the position, and in asking for release, he wished to give her the initiative in breaking off the engagement. He was not compromised with any other woman. He-found he could like other women better than the plaintiff. He had offered to reimburse the plaintiff, but she replied to the effect that she did not want his money, but him. Cross-examined, witness said that his character had not changed since the death of his wife. His married life could not have been happier, and the death of his wife was one of the unhappiest events in his life. He did not fall in love with any woman six and a half months after his wife's death. There was nothing in the plaintiff's Conduct to make his affections "cool off." He admitted at Marton that he liked another woman better than her, but he had no intention of marrying the other woman. His affection commenced to wane when thoplaintiff's mother suggested that his daughters were not wanted. After counsel had addressed the Court at length, his Honour said that the contract.and the breach to marry had been admitted. No damages had been proved in the evidence, and that question would have to be considered on the details that he had before him. ,He thought that justice would be met by his assessing the damage at £l5O, with costs.