BREACH OF PROMISE.

New Zealand Herald, Volume XLV, Issue 13918, 27 November 1908, Page 6

BREACH OF PROMISE.

A BROKEN ENGAGEMENT.

■ £1000 DAMAGES AWARDED. At the Chrietcburch Supreme Court on Monday, before Mr. Justice Denniston, Lorrie Morton, of Oxford, sued George Walter Bassett, of Burnt Ball Farm, near Ox-ford,-for £3000 damages for breach of promise of marriage. The case was heard before a common jury. „

In outlining the circumstances of the case. Mr. Alpere, for the plaintiff, said that the iefendant, whose age was 27, became enaged to the plaintiff, whose age was 19, over a year, ago. The latter was the daughter of. an hotel lessee at Oxford, , and defendant and plaintiff had been on fiiendlj terms for some years. Defendant's father threatened to ; "cut his eon of! if he married the plaintiff, and promised him a trip to England if he would give her up. The defendant went off to England . secretly on July 6 last, leaving a letter for the plaintiff in which he broke off the engagement, and stated that his father would make provision for the maintenance of her child. When the writ in the present case was served on the defendant, he came back to New Zealand, and communicated, first with the plaintiff and then with her, solicitor, offering marriage. he plaintiff was advised not to marry the defendant unless some definite, arrangement was made to ensure her proper maintenance, and it was suggested that a certain part of hie property should be put in trust for her and for her child. It was arranged that the defendant should marry, the plaintiff within three days of his return to New Zealand.! In the meantime the defendant's father found out that he had returned. He withdrew his objections to the marriage, but refused to sanetion any settlement to be made upon the plaintiff, and the defendant deferred to his father's opinion in this matter. The defendant was still willing to marry the plaintiff, but the plaintiff would not marry him save on ; the basis of the suggested settlement. ■ ' , . George Walter Bassett said his motive in breaking ; off the engagement was because of his father's threat that he should liave no further communication with his family. His father did not promise to pay the expenses of his trip to England. He was sent to England against his will. •Lorrie Morton, the plaintiff, said she -had insisted upon a settlement as a condition of marriage, as she could not trust defendant to support her if he married her after, this action. . ~' ". \ , • Mr. Harper, appearing for the defence, called no witnesses. In addressing the jury,, he said that the, defence admitted everything. But for the settlement proposition, the defendant, who was ashamed of his former conduct, would have married the plaintiff before the case came on. The settlement was suggested by Mr; Alpers, and it had been sought to justify the > contention that; the settlement required was fair and reasonable. J The defendant : had done his best to make amends for his improper . conduct, but s the defence expected that ; damages' would have to be paid .for suffering occasioned: the plaintiff. .It was a question only of assessing the " amount of the damages. . . . - .. . His Honor, in summing up, eaid that the fullest • possible reparation for any " injury occasioned to the plaintiff would have been made had the defendant's offer of marriage been - accepted. • . The settlement proposition was riot", in ' his view, either sensible or reasonable. The jury would consider what damages, if any, were coneonant with the merits of the case. ' The jury, " after a retirement of lialf-an-hour, returned with a verdict for the plaintiff for damages amounting to £1000. . ' His Honor entered judgment accordingly.