DAMAGES SOUGHT

New Zealand Herald, Volume LXXVI, Issue 23489, 28 October 1939, Page 14

DAMAGES SOUGHT

WOMAN CLAIMS £SOOO MARRIED MAN SUED ALLEGED BREACH OF PROMISE [by telegraph—OWN correspondent] PALMERSTON .NORTH, Friday A claim for £SOOO damages for alleged breach of promise to marry is being beard in the Supreme Court. The plaintiff is Hilma Kathleen Poison, of Wellington, and the defendant, James Lawrence McMillan, of Palmerston North, building contractor. Plaintiff alleged that on May 15, 1924, there had been an agreement to marry and that she had always been ready and willing to marry McMillan, but that defendant neglected and refused to marry her. Instead, on November 22, 1937, he married Dorothy Sutton, of Palmerston North. In his statement of defence, McMillan denied that plaintiff was always willing and ready to marry him. Further, at the time of the alleged promise defendant was already a married man and the marriage was not dissolved until October 20, 1937. Therefore, if he made any such promise, which was denied, the promise was illegal and void as being against public policy. Further, if plaintiff proved that she did not know he was a married man at the time of the alleged oral promise in May, 1924, then she knew he was a married man a few weeks later and so her present action was barred by the statute of limitations. The hearing was adjourned until Monday.