BREACH OF PROMISE ACTION.

Evening Post, Volume LXXVII, Issue 107, 7 May 1909, Page 2

BREACH OF PROMISE ACTION.

An amusing breach of promise case was heard in the Melbourne County Court on 27th April, before Judge Box. The plaintiff was Nellie Brown, of Palm crston-ptreet, Carlton, tailoress, and the defendant was William Henry Byham, of Warrnambool, tailor's cutter. Plaintiff claimed £500. The defence was a denial of any promise, or of any bieach. The parties were a young couple, each a little 22 years of age. Counsel for the plaintiff said the engagement look place about the end of December, 1907, when plaintiff was on a visit to Warrnambool. She returned to Melbourne on 17th January, 1908, and defendant from that on wrote to plaintiff long letters every second day, with post-cards between times. In these letters he spoke of not being married for two years, as he washed to save money, and to get to one of the gieat cities before doing so. In August, 1908, he began to tool off, and referred to waiting four years, and said: "Of course I would not become engaged imtil I see my way to get married shortly afterwards." He also said that he could not blame plaintiff if she left him for somebody else. In September, 1908, he wrote that he was not able to save money, and it was best that they should part, as he had found they were totally unsuited to each other, and his love for her had not improved ; and it would make them both miserable if they wero to marry. Mr. Wasley, for the defence, contended that there was never any real engagement between the parties. The couple were simply "keeping company." His Honour : Oh, I see ; he was to have every privilege an engaged man ■would have, excepting that he was not to marry the girl — is that the position you take up? Mr. Wnsley . That is so. His Honour : He is to receive all the lover"o — what .«hall I say — symptoms? Mr. Waslcy : "Privileges" is the word your Honour wants! His Honour . Certainly ! Privileges such as walking out with her at night — kissing her — and what was it you called it — "canoodling" — and all that. The only thing is he has to be cautions, and not ask the girl to marry him, unless it is down in black and white, and has the seal upon it. Tho judge, I suppose, is not lo find out that young couple are engaged ; they're only "canoodling." A verdict was given for plaintiff, with £50 damages.