A BREACH OF PROMISE CASE.

Lyttelton Times, Volume LXXXXII, Issue 10511, 23 November 1894, Page 5

A BREACH OF PROMISE CASE.

PECULIAR CIRCUMSTANCES. [Per Press Association. I DUNEDIN. Nov. 22. At th® Supreme Court a breach, of promise case of an unusual nature was heard. Mary Lewis, a married woman with one child, claimed £2OO damages from Colin M’Eenzie, late of Palmerston, but now of Scotland. Mrs Lewis was married in 1880. la 1884 her husband went to Southland to look for work. She had received one letter from him, and had replied, but got no answer; and though she had made diligent inquiry, she had been able to obtain no trace of her husband. In 1891 she went to defendant’s house at Palmerston as housekeeper. There was talk of marriage that year, M’Eenzie knowing all about her husband. Iu 1892 they were definitely engaged. The marriage was put off first for financial reasons, then on account of M’Eenzie’s illness. Towards the end of 1893 defendant said they would bo married. In February, 1894, M’Eenzie said he was going to Tapanui, but ha had gone to Scotland, where he now was. Defendant was at the time over sixty. She denied that there had been any impropriety in her conduct. His Honor, in giving judgment, said the case was ono in which tho presumption that after seven years’ absence the absent person was dead, ought to be applied. The last time any information had bean received of Lewis was in September, 1885. Seven years from that would bo September, 1892. After September, 1892, tba burden of showing that Lewie was alive rested on the defendant, and the defendant had adduced no evidence. The evidence supported a promise to marry in 1894. Plaintiff was entitled to recover some damages, and his Honor did not think her doubtful character nine years ago should go much towards mitigation. The damages which ought to be given should compensate fairly for tho loss of the home she would hgve been entitled to if married, taking into consideration the pecuniary position of the defendant. Those damages hia Honor assessed at £l4O, and gave judgment accordingly, with costs.