BREACH OF PROMISE.

Dominion, Volume 4, Issue 1234, 16 September 1911, Page 12

BREACH OF PROMISE.

STORY OP A WINNING TICKET. Tho hearing was continued at Sydney on September 1 of tho action brought by Ivy Donnelly against James Hcury Leonard, for ,£IOOO as damages for breacli of promise of marriage. Defendant admitted the breach, to the only matter for tho jury was tho assessment of damages. Among tho sheaf of letters produced iu court was tho following, written from Bathurst on August 29, 1910:— My Dear Old Sweetheart.—l supposo you have come to tho conclusion that I had forgotten all about you, but I don't think I could forget you in a hurry. Well, I liavo drawn first horso in Tattersall's sweep, which carrics a prize of JC5090. I bought a tickct in the train when I was coming up here from Charlie, who liapSened to bo travelling by tho same train. to promised to forward tho ticket on to me, but did not do so. 110 kopt it till tho raco was run. Then ho claimed half of it, and wouldn't part with tho ticket. I offered Mm .£SOO, if ho would sign an agreement to Iho oll'ect that I was the person who bought tho ticket froni' him, und that after 1 had paid him this money ho would have no further claim on me. 1' also had his signature witnessed by a J.l\ When ■ I liavo settled, I will have about ,£IOOO clear. Then, when everything is settled, I am coming down to you. 1 was the lnost-tnlkod-of person in Bathurst on Saturday. As soon as I had settled with , the agent here, ho didn't forget to tell everybody ho came across. Tho bounder I Now I am smiled upon bv overyono who passes mo in tho street, especially by females) but they will Ana mo a hard-nut to crack. Don't forget to liavo a certain answer ready for mo whon I got down to Granville. When I do go down I will arrive early iu tho morning. Just a word in your little pink car. I hato receiving birthday presents, and if any aro offered I am going to refuse them. There is only ono present I wnut. You aro that present, so Auntie Fanny is tho onlv person who is to give mo a proBoiil. 'fell Undo Bob I'll buy "Ivyvillc." I want the Ivy, and as you say they both go together, then I intend to lislvo both; With the very best lovo to my old Ivy, from "The .Scrag." In a further letter, written from Charters Towors on February &, 1911, defendant wrote: —

"You speak about both of us knowing our own miuds. I certainly know mine, but circumstances can alter cases, and curtain things have arisen which make mo alter mine. You also Bay that the loss my mother' has to say in tho matter the' better. Jusl;..jtlio. opposite. linuiedi-, atciytgof l)ack,,fioni Bathurst'ynu,;triei to get ' ino to ' promise not to go nway to America. I can ego in that your mother's interference. If ever I get married, tho woman I maTry will hove to. go whore I want to go. In writing this lotter no doubt you can see what my decision is. Everything between us is at an end. I shall uover marry whilst my mother is alive." Defendant in his evidence said hie father and ■ mother wero partners with him in tho ticket, in equal shares, and when ho had paid them ho had .£IOOO left for himself. He had since lived on his capital, and had now about £110 left "Wo 0 jury found for plaintiff, with .£250 damages.