GIRL NOT “ON APPROVAL”

Taranaki Daily News, 12 June 1931, Page 7

GIRL NOT “ON APPROVAL”

BRIDE-TO-BE FROM AFRICA

REJECTED IN NEW ZEALAND

SUITOR WHO CHANGED MIND

COURT AWARDS DAMAGES

By Telegraph.—Press Association. Wellington, Last Night.

Claiming that she had come to Wellington from Johannesburg at the request of Wolf Rozental, a Wellington draper, relying on a promise of marriage, Chaia Zak, a milliner, sued Rozental in the Supreme Court to-day* for damages, stating that lie had refused to carry out his part of the contract. She asked for £ll2 special damages and £75 general damages. Mr. Justice MacGregor awarded £175, the full damages, with costs on the lowest scale.

Plaintiff claimed £2O, the cost of the passage from Johannesburg to Wellington, less £5 contributed by the defendant, the cost of the return passage to Johannesburg (£35), the loss of ehrnliigs for four months (£5l), accommodation at Wellington (£6) and general damages (£7's), a total of £lB7, also the costs of the action.

The defence admitted that the question of marriage had been discussed but stated that until plaintiff and defendant met at Wellington their knowledge of each other was limited to the impression each formed of the other from correspondence and, in each case, a photograph. It was further stated that the plaintiff came to Wellington under an arrangement by which the defendant paid a proportion of her expenses and, subject to a condition that if after a personal interview they were both of a mind, to marry, a contract of marriage should take place. ROZENTAL’S DENIAL. . Rozental denied that Chain's passage to New Zealand was made for the purpose of marriage, alleging that she was lodged free 7 of charge at his home at Wellington and was with her friends until she procured employment at wages equal to her earnings in Johannesburg, and that she had since become domiciled in Wellington. Mr. Mazerigarb, in opening the plaintiff’s case, said the parties were Polish Jews. The match was arranged by defendant’s mother. The romahce commenced. in 1929, when Rozental, who had established himself in business at Newtown as a supplier ofriadies’ frocks, following the precedent established by his forefathers in the case of Isaac and Rebekah, wrote to his mother, who was still in Poland, to choose him 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 knowledge of Mrs. Roz-, ental. The mother spoke of her as her daughter-in-law and secured a photograph upon 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 eojitented, with the one she chose,. but the girl naturally expected to be asked by the man himself. Shortly after her arrival in Johannesburg 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 a language which furnished a greater facility of expression. In the Polish courtship the letters had been interpreted 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 Rozental to complete the nuptials immediately upon the girl’s arrival in New Zealand. ASKED LOAN FROM PARENTS “He tells her, for instance,” counsel proceeded, “that he has a very nice house and furniture, and not a bad business. He instructs her to spy 6ii her application for a permit that she is coming to her fiancee. He tells her not to buy any clothing as he has everything in his shop, and that all she will need is £35 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 a synagogue here because, I am told, one can be married much cheaper in a synagogue if one is a member.” Chaia came to Wellington under the protection of Rozental’s friend, counsel said. She was met on arrival by Rozental and his mother and was taken to his home, also 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. Chaia was naturally upset and asked why he had not told her that lie had another girl before she had left Johannesburg. Evidence was given on these lilies. His Honour in delivering judgment said that for more than one reason he would lipve 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 Honour, “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 arrived in New Zealand, and I am satisfied that the condition raised by the defendant that the plaintiff came out on approval has not been proved. Defendant was not at liberty to play fast and loose in thic way. I do not believe the defendant s story that he repudiated her because she did not come up to her photograph, as I do not believe that the photograph does the girl justice. There is no doubt that the girl lias suffered very serious injury by being treated in this way, and that she also was put to considerable expense in coming to New Zealand from Johannesburg.” . His Honour awarded the plaintiff £175, the full damages, with costs on the lowest scale, disbursements, witnesses’ expenses and interpreter s fees to be fixed by the registrar.