BREACH OF PROMISE.

New Zealand Herald, Volume XXXIII, Issue 10127, 9 May 1896, Page 2 (Supplement)

BREACH OF PROMISE.

DAMAGES FROM A SAILOR.

In tho Queen's Bench Division, on March 15, Mr. Justice Grantham and a common jury heard the case of Banbury v. Bennett, an notion for breach of promise of marriage, TheplaintiffwasMisiNoraJaneßanbury.the daughter ot a farmer at Howard Stratum, a Cornwall village, and tho defendant, Mr. Hugh C. Bennett, is third officer of the mail steamship Orient, of the Orient line, running bolween England and Australia. Mi. Vaclieli, in-the course of his opening statement, said the parties lired as children in tho same village, where the defendant's father was an hotelkeeper. After the death of the defendant's father his raothor removed to Hastings, at' which place she kept a superior-class boarding-house in Everatield Place. The defendant wont to sea, and in January, 1889, tho parties became engaged, and it was arranged that the marriage should take piaco as soon at) the defendant obtained his muster's certificate. Tho defends t sent the plaintiff an engagement ring, . id wrote- a letter containing tho following words:— will bo a happy day, darling, when I have to put the other on 1" In February, 1889, defendant wrote to tho plaintiff, and said she was the star of his lito, and added, " It seeds tos good to be true that you really love mo. In another letter defendant wroto: "Dearest Nora,—Some day, dearest, if all goes well, you and 1 will go to church, together. What a happy day that will be when Captain and Mrs. Bennett come out of the porch together!" From Australia on September 9, 1890, the defendant wrote on plaintiffs birthday, and said that he and the third mate had drunk her health in a glass of port. Then followed these lines :—

Oh ! for a touch of my darling's baud, The sound of her voice far away, For she if at homo in Iter own dear land, And I far out at sea. And on another occasion ho wrote :—

I think of all thou art to me, I think of wnat you yet may bo; .My heart is full of love of thee, Fur ever ami fur ever. In February, 1892, the plaintiff became aggrieved at some jealous complaints which the defendant hud made, and when he was in Australia she wrote to him breaking off the engagement, but when the defendant returned to England everything was forgotten and forgiven. The plaintiff in 1894 began to prepare her trousseau, but when the defondant returned in October he wholly neglected her, and finally in 1895 ho broke off the engagement altogether. Tho plaintiff was oatled in support of counsel's statement. She said sho was aged 27, and that the plaintiff first offered her marriage when she was 17. Her father said they were both too young, and must wait till she was 21, and then they became ongagod. After the engagement being broken off tho first time the defendant's mother did not receive her as well as she usod to do.

Mrs. Emily Walters, the plaintiff's married sister, said that the defendant called on her on one occasion, and told her that he would marry the plaintiff at Christmas, 1893.

The defendant said beyond his pay he had no resources. At £6 IDs a month his pay was not sufficient to moot his expenses, and his mother helped him. He could manage on £7 10*. His age was 30, and there was no reasonable probability of bis obtaining a ship for many years. He had nob saved any money but a few pounds, which had gone long ago. He received £100 for bringing a ship home as captain, and that was the only time he acted in that capacity. He saw his finances were getting worse and worse, and that there was no prospect of improvement, and ho wrote the letter breaking off the engagement on that ground, although ho did not care lees for her then. His sole reason was that it was a hopeless affair. After the writ was issued he wrote saying that if she did not mind waiting till he was in a position to marry her, he was quite willing to continue his engagement. lb was nob possible to marry on £70 a year. On one occasion he showed the plaintiff £168, two years' savings, but that was all gone. He believed he did say he had expectations from his aunts, but they had very littL to leave. His aunts were in the enjoyment of good health. (Laughter.) The jury returned a verdict for the plaintiff for £150 damages. Judgment accordingly.