CLAIMING A RING.

Press, Volume LXVIII, Issue 20510, 1 April 1932, Page 16

CLAIMING A RING.

BREACH OF PROMISE. SUGGESTION BY LORD HEW ART. (raoit or* own coaaxsroitDKirr.) LONDON, February IS. New Zealand was mentioned in a breach of promise case in the King s Bench Division this week. Mr Sidney Levy (3Si. draper, of Wimbledon, was claiming the retu.-n of a diamond and platinum engagement ring, or its value (£l6-3), Hon; Miss Fanny Mass. High street, Poplar. She counter-claimed lor breach u: promise, the reply :o which was r.n allegation that Miss Moss broke off the cigageu.e;.:. Ttie suggestion that the case should Le ended bv the parties marrying wa.s made b.v the Lord Chief Justice tLord iiewart). The woman —who alleged there had bteu breach of promise—declined the otter. Lord Hewart remarked : Those who will not when they may, When thev will they shall have .After an absence of an hour and a hail, the jury Unagreed and were -liscliarged. Mi H. du I'arcq (for Mr Levy) said the parties belonged to the Jewish ci-mmunity, and ■'this «as a marriage contract entered into between them iu> a matter or busmen rather than ol romance and sentiment.'' As the result, theie Has nothing in the nature of love passages in the letters, and arter three month> the engagement was broken off. Mr Levy's married si=ter, with whom he was living. ,-eemed to think that it was time her brother settled down. Early in 1929 she introduced him to Miss Moss. They went about a little together, but nothing came of it. They met again towards the end of 1929 at a dinner party given by Mr Levy's sister. It was then made known to Mr Lew that Miss Moss'.-> proposed giving her a dowry of £BOO, or four houses. The engagement was entered into on March loni. and was celebrated by a party at Mi»» Moss's home. The counter-claim by Miss Moss continued) included £24 tor the expenses of that party and £2 for a band that was engaged. After the engagement. Mr Levy learnt that Miss Moss already had property of her own. From his point of view tin- match was a very suitable one. and not one that lie was anxious to break off. "In fact. Mr Levy is still willing to marry Miss Moss'. He would Ik? only too pleased to do so. The first, rift in the lute occurred when a discussion arose as to wdiere the coaple should live. Mr Low wanted to live at Wimbledon and Miss Moss at Poplar." £165 Engagement Ring. Mr Levy was not very well-to-do. but he realised that he must do something beyond his means in the matter of an engagement ring. He gave Miss Moss a rtnjz worth £lG">. It was a stone belonging to his sister, and he had it mounted in platinum. He promised to pay his brother-in-law for the ring after he was married, and a member of his family advanced him money in order that he mieht obtain suitable clothes for the wedding After a discus-ion about some flats in Wimbledon. Mr Levy invited Miss Moss to snend a with him at his sister's house, but her reply was: 'T can't. I shan't, I won't." A friend of Mr Lew tried to reason with the young woman, but she appeared to have taken an adverse view of Mr Levy. She said =he did not like the wav tie snoke. walked, sat, or dressed. When Mr Levy rang her up one Sundav to say that he was coming round with the" car to take her out. she replied (said counsel) : 'You stay where von are and I will stav where T am. ' Finally, she sa'u\ she did not wish to see him any more, adding that if she wanted to set married she bad only to send a cable to Wellington, New Zealand. Mr Flowers (cross-examining): Did von imagine that any woman would be willins: to marrv you after vou had brought an action of this nature against her? Mr Levy:! made every endeavour to get a reconciliaticn. Was Mr du Parco ri<rht when he said that was no affection between you and Miss Moss and that you were coing to marry her in order to get some monev out of her or her parents?— Not at all. I was not out for gain. T<= this vour action .or is it your »>rotbe>--in-law's?—Tf i= my action. I have to return that ring. It belongs to my sister. Miss Moss's Story. Mi«=s Moss gave evidence that she was fond of Mr Levy at the time of

the engagement. The marriage was arranged to tako place in July, and a few weeks before the date Mr Levy called at her home to ask her parents if they would lend him £l5O. "My ,mother was willing," said Miss Moss, "but my father was not, so Mr Levy thumped the table, and, walking out, said : 'l'm finished.' " Miss Moss said that she did not mind where she lived so long as she had a little home of her own. Mr Flowers: From start to finish have you ever refused anything so far as Mr Levy is concerned exceptjiving in his sister's house?— That is the onlv thing I refused. Miss Moss added that she tried to get into touch with Mr Levy several times, and once when he answered the telephone he replied: "Miss, I am too busv to talk to you." and ho rang off. She denied that she told anyone that she cotdd cable to New Zealand and get a husband.