BROKEN ENGAGEMENTS.

New Zealand Herald, Volume LXVII, Issue 20508, 8 March 1930, Page 2 (Supplement)

BROKEN ENGAGEMENTS.

EQUALITY THEORY " ABSURD."-

ENGLISH JUDGE'S VIEWS.

FARTHING AS DAMAGES,

Commenting on broken engagements, in slimming up in a- breach of promise action ' in a London (Court in January, Mr. Justice Humphreys said: "It is absurd to say to-day, as it would have been fifty years ago, that a man and a woman are to be treated in the same way. They are not, and everybody knows they are not, and no Act of Parliament nor anything . else will ever make them the same. IS does no harm to a man to have an engagement broken off; nobody thinks any, the worse of him. " But everybody knows that a girl who has been engaged to be married, and has received the congratulations of her friends is wounded in her feelings if a man, without reason announces one day, ' Oh, no.. I have altered my mind, and I am not going to marry you at all. " The jury awarded the plaintiff one farthing damages for the breach, and £5 special damages on her, claim for expenditure in respect of trousseau. The parties to the action were Miss Lucy Litera, a 29-year-old dressmaker's pssistant, and Mr. Richard Valentine Welch, a carpenter, aged 23. Miss Liters claimed damages for breach of promise to marry against Mr. Welch who replied that' the engagement was terminated by mutual consent. - * Miss Litera and Mr. Welch first became acquainted in 1922. They were engaged in July 1928. and the engagement came to an end in January, 1929. " Almost a Public Scene." Mr. Welch declared that his friendship and engagement with Miss Litera were punctuated with quarrels. On the first holiday- they spent together in 1925 they quarrelled and " hardly spoke " the whole time. That coolness continued for some" frontt)3 afterwards. " • : Referring to other quarrels, Mr. Welch' mentioned a dance'they attended in ber, 1927 i Miss Litera became very ftngrv because he danced with friends of his sister,- she made nasty remarks, and " there was almost a public scene in the* hall." , A similar incident occurred at another dance. , ' - Mr. Powell (counsel for defence): What is Miss Litera''—She works for a dressmaker, sometimes as model, sometimes as saleswoman. Defendant said that when he proposed to the plaintiff in July .1928, she told him she preferred "the cdmpany " of. Mr.Green (her employer's son) -to his. {Laughter.) " After several hours of argument," continued the defendant, "she finally agreed to become engaged to mei on certain conditions." Mr. Powell: What were they?— That if her brother in Australia wrote that, she could go out there she was to go; and I that she must be allowed to go to Shanklih, Isle of Wight, with friends for her holiday that- year. ' J " •Mr. Powell: It seems that the proposal was an argument; (Laughter.) In reply to the judge, defendant said that in the end Miss Litera said she preferred him to Mr. Green. ; " She did not know her , own mind,'s commented the judge. Defendant said that he gave Miss Literal a ring which cost £l3 10s. When he heard' that Mr. Green was one" of the Shanklin holiday party be was very angry. On her -■return home- there were high words about it. He. subsequently.-discovered that "plaintiff was still 'seeing Mr. Green. - The Plaintiff's Warning. Mr. Powell read a letter in which the plaintiff wrote: " Dcf you know you have broken our engagement twice in the-last threes weeks? The third ;time--you must be careful." _ _ Mr. _ Welch' "explained t.Uat. when they parted after a quarrel they acted as if the engagement was", " off." On one such occasion she gave liim-back the ringi- " She objected to my- friends," B&""s'aid« " Iri January, 1929, when we .were talking about my birthday party in the following month, she. said I must-choose- be--tween my friends and hex." Speaking of the filial quarrel, defendant said that he* knew by the" look' oa r - Miss Litera's face'when-they'met that he ''' " was in.for a rough time." (Laughter.) "" Before they parted, he said she could, keep his ring if-she would not'use. it;; against him. She then began to ' cry-- , After she had told-him .to go -he still; .. tried to pacify her, The engagement was;: terminated by mutual consent. ; Mr. Vick (counsel for plaintiff), crossexamining, asked defendant .how much, he. ' had saved for the wedding. J.,; .- Mr. Welch replied. " £80." After the"" ; , engagement was broken off he ceased saying. ■ . Counsel read a letter ofthe defendant to the plaintiff, in' which he wrote: "The' ->• • more I think of our wonderful ■ love for ■ each other, its wonderfulness andgrandeur, I wonder what it will be like when we are married j I think how derful you are." . * In another letter he wrote: "My very,-" , darlingest Lucv, I received your wonder- 4 ' • ful life-saver. this evening." • '• Almost Perpetual Quarrels. . - In summing up the judge observed that •both "counsel seemed to bo agreed that the plaintiff should not have damages for.. the loss of that particular husband, and. ' " I suppose they know more about this matter than anybody else." It/'seemed to be agreed that if she had married "the.. - defendant she would have been very un-. happy. Therefore the jury might think' she would be better off if she married someone she was fond of rather, than . •" this young Lothario." (Laughter.) Bub . the plaintiff was entitled to damages, for.' ■ injury to hei: feelings and for her wounded pride. • Having uttered the comments given above, the judge added that, considering the circumstances and the position of the parties, it did not seem to him that the case was one calling, for very ,heavy dam-, ages. " I think," he added, " they were a most unsuited young couple, for there was evidence of almost perpetual quarrels from the time they first became : friendly. There seems to have been a ' ccgiiplete absence of that mutual respect-, as well as affection, which ought to be ' the basis of any contract to marry." - The jury awarded Miss Litera one far- ' , thing damages and £5 special damages, . and on this finding there was argument aa to costs. After hearing counsel, on the matter the judge said that lie'would enter judgment for tho plaintiff for the amount awarded with ." such costs as the law gives." -