BREACH SUIT FAILS

Poverty Bay Herald, Volume LXII, Issue 18760, 17 July 1935, Page 12

BREACH SUIT FAILS

MARRIED MAN'S DECEIT BARRED BY STATUTE : LONDON, June 12.. Judgment for the defendant wa ..iveii by Mr Justice Greaves-Lord b. :e King's Bench Division in th .ction for damages for 'breach of pro iiise ,of marriage and for 'deceit irouglif. by Miss Ethel Eva Siveyer, ■ t Barnsdalo road, Maida Hill ;gainst Peter Railton Coulson Allison. .in architect, of Orchard street, Portnan Square. Miss Siveyor, a restaurant, manager-, ess, alleged that Allison, seduced her in November, 1927, after promising to marry her. The jury found thai here was a breach of that agreement and .awarded Miss Siveyer £;"0(J.

In giving judgment, Air Justice 3reavcs-Lord .said Allison was a man )f somo culture and good social posi:ion who paid Aiiss. Siveyer marked attention when she was the 'cashier at a restaurant where he was a -customer.

In his opinion, His Lordship continued, there was no corroboration which sxprcssly supported either promise of .narriage. For that reason alone Ike claims .under the breach of promise 'ic:id failed.

In any event, the two claims under that head would also foe barred foy the Statute of Limitations, since Allison's inability to marry was discovered by Miss SLvcver in .December, 1927.

..Mr Justice Greaves-Lord said lie idopted the view that a married man .; incapable of making a legal contact to marrv, and added: —

"Though there is a. good deal to be laid for the .proposition that a claim .•an arise for deceit, the consideration >f that (proposition could not result in ,ud,gment .for. .Miss Sivever, as any ight she. might have, would be barred >y the .Statute of Limitations. ' "The fact of the existing .marriage ,vas known to Miss Siveyer from December, .1027, I find it.was not true •hat the marriage had not been conmmmatcd. Allison 'and his wife had idmittedly lived together as man and .vife for IS months. "It was said that Miss Sivever was entitled to damages 'for deceit, because she was.induced to continue her association with Allison —an immoral association —by the misrepresentation, i am clearly of the opinion that, such damages are. not -recoverable.''