DAMAGES IN FULL

Otago Daily Times, Issue 21359, 12 June 1931, Page 8

DAMAGES IN FULL

A PROMISE OF MARRIAGE ROMANCE ENDS IN COURT COURTSHIP BY CORRESPONDENCE (Pee United Press Association.) WELLINGTON, June 11. Claiming that she had come to Wellington from Johannesburg at the request of Wolf Rozental, of Wellington, a draper, and relying on his promise of marriage, Chaia Zak, a milliner, sued Rozental in the Supreme Court to-day for damages, stating that he had refused to carry out bis part of the contract. She asked for £ll2 special damages, and £75 general damages. Mr Justice MacGregor awarded £175 full damages, with costs on the lowest scale. The, plaintiff claimed £2O, the cost of her passage from Johannesburg to Wellington, less £5 contributed by the defendant; the cost of a return passage to Johannesburg, £35; the loss of earnings for four months. £sl; accommodationjp Wellington. £6; and general damages, £75; —a total of £lB7, and also the costs of the actibn The defence admitted that the question of marriage had been discussed, but stated that until the plaintiff and the defendant met at Wellington their knowledge of each other limited to the impression each had formed of the other from correspondence and an exchange of photographs. , It was further stated that the plaintiff cgme to Wellingtob under an arrangement by which the defendant paid a proportion of her expenses and subject to the condition that, if, after a personal interview, they were both of a mind to marry a contract of marriage should take place. The defendant denied that the plaintiff’s passage to New Zealand was made for the purpose of marriage, alleging that she was lodged free of charge at his home- at Wellington and with her friends until she procured employment at wages equal to her earnings in Johannes: burg, and that she had since become domiciled in Wellington. Mr Mazengarb, in opening the plaintiff’s case, said that the parties were Polish Jews. The match was arranged by the defendant’s mother. The romance commenced in 1929 when Rozental, who had established himself in business at! New town as a supplier of ladies’ frocks, following the precedent established by his forefathers, Isaac and Rebekah, wrote to his mother, who was still in Poland, to choose hitn a wife from among his own kindred. The mother had no .hesitation in picking out a capable, pretty milliner named Chaia Zak as being one who could not fail to please her son. The girl was willing, and carried out her intention, to emigrate to Johannesburg with the know ledge of Mrs Rozental. The mother spoke of her as her daughter-in-law and secured a photograph übon which the would-be bridegroom could gaze while opening up correspondence with the original. The mother, as matrimonial agent, had told the girl that her son would be contented with the one she chose, but the girl naturally expected to be asked by the man him self. Shortly after her arrival in Johan neeburg she received the first of a series of letters which led to the formation of a contract to marry, Rozental also wrote to the girl’s parents in Poland. The early letters were in Russian, but his subsequent letters and all hers were in Yiddish that being the language which furnished greater facility of expression in a Polish courtship." The letters had been inter preted, but the translations did not agree Although there were inevitable differences, a comparison of the versions showed a definite offer of marriage and a burning desire on the part of the defendant to complete the nuptials immediately qpon the girl’s arrival in Net 7 Zealand. “He telle her, for instance;” counsel proceeded, “ that he has a very nice house and furniture and not a bad business. He instructs her to say on her application for a permit that she is coming to her fiance. He telle her not to buy any clothing, as he has got everythin!; in his shop, and that all she will need is £23 to add to the money he is sending her for her ticket. Furthermore, he wrote to her parents for a loan of 100 dollars, and he joined the Synagogue here, because, I am told, one ca*n be married much cheaper in a synagogue if-one .is a member.” The plaintiff came to Wellington under the protection of a’ male friend of /■Rozental. She was met on her arrival ' by Rozental and his mother, and was taken to his home, and nlso to inspect the shop at Newtown. On the following day he informed her that the marriage would not take place, and that she was to go back to-South Africa. His explanation was that he had 'fallen in, love with, another girl. The plaintiff was naturally upset, and asked why he had no't told her that he had another girl before she had left Johannesburg. Evidence was given on these lines. His Honor, delivering, judgment, said, that for more than one reason he would have preferred that the case should be tried by a jury. Had the case been heard before a jury there was little doubt as to how the verdict would have gone. . ■■■■.. “I am satisfied," said His Honor, “that, in, the first place .the defendant agreed to’ his mother picking for him a ,wife in Poland. / I am satisfied that: the defendant agreed to marry the girl when she afrived! in Ndw; Zealand, .and I am satisfied that the condition raised by the defendant, that the plaintiff came out on approval, has'not been proved. The defendant Vwas not at liberty to play fast and loose in this way. Ido not believe the defendant’s story that he repudiated her .because she did not comp up to her photograph, as I do pot believe that the photograph does the girl justice. There is np doubt that girl has suffered very serious injury by being treated in way, and that she also was put to considerable expense in coming to New Zealand' from' Johannesburg” , : His Honor , awarded the plaintiff £175, full damages, with costs on the lowest scale, disbursements', , witnesses’ expenses, and interpreters’ fees to be fixed by the registrar. . ! v ' V /J '- V' ’■