ACTION FOR BREACH OF PROMISE.

Otago Witness, Issue 2801, 20 November 1907, Page 12

ACTION FOR BREACH OF PROMISE.

THE CASE SETTLED.

The fact that the breach-of-promise case Milne against Finnegan was coming on on the 13th inst. at the Supreme fkrart, before his Honor Mr Justice Williams, caused quite an unusual number of persons to find their way into the gallery of the court. Breach-of-promise oases invariably prove highly diverting to all except the parties concerned. There k a certain romance about them that is attractive to the public, and the ardent protestations of the lover, as contained in his communications to the lady of his choice, are always the subject of much mirth to a court audience. A <breach-of -promise case, then, is looked forward to with keen anticipation by the publio, and the keener ihe anticipation the keener the disappointment when the case is dropped by the plaintiff at the last moment. Such was the finish of the Milne-Finnegan case. The plaintiff was Ma> Milne, a -spinster, who alleged in her statement of claim— (l> that in the month of April, 1907, she and defendant agreed to marry one another; (2) that on June 10, 1907, defendant terminated his engagement, and refused to marry her, although she was ready and willing to marry him; (3) that she therefore claimed £501 damages. The defendant was Bernard John Finnegan, who. in his statement of defence, eefc outr— (l) that he admitted the allegation contained in paragraph (1) of the statement of claim, but denied that on June 10 last, or at any other time, he had terminated the engagement with plaintiff or refused to marry her; (2) that on July 28 last plaintiff and defendant had mutually agreed to terminate the engagement, and to release earh. other from the engagement alleged 1 in the statement of claim.

Mr Solomon, X.0., and Mr Payne appeared for plaintiff, an attractive youn<j lady. who was present in court; and Mr Hanlon for defendant, who is a well-known citizen of Dunedin.

Mi Solomon, referring to the fact that a case the previous day had been settled, said : " Once again, your Honor, lam glad to be able to say we have settled thie matter. An offer has been made by defendant and accepted by plaintiff, and the case will not therefore be proceeded with." His Honor: Very well.

Mr Hanlon : I am sorry the court should be inconvenienced.

His* Honor* It is not the court so much as the jury, and the jury would have to be here anyhow. Mr Hanlon : No negotiations were opened for a settlement until yesterday afternoon. His Honor: I understand. Things are settled at the last moment without it being anybody's fault. No one can be blamed for ' having done anything they should not have done or omitting to do something they should have done.

The case was therefore struck out, and the jurors were notified that they would not be required until next morning at 10.30.

It is understood that the sum for which the case was settled is not very much in excess of £50.