CONTINGENT ON DIVORCE

Taranaki Daily News, 3 June 1933, Page 7

CONTINGENT ON DIVORCE

PROMISE MADE TO MARRY.

COURT CONSIDERS LEGALITY.

By Telegraph—Press Association.

Christchurch, June 2.

Is a promise of valid when contingent upon a divorce? On that question Mr. Justice Blair in the Supreme Court reserved his judgment after legal argument had been heard in the preliminary hearing of a case in which Marjorie Ada Lambert, Christchurch, housekeeper, is claiming £385 from Patrick Dillon, Prebbleton, farmer, as damages for an alleged breach of promise of marriage.

The preliminary hearing initiated by the defendant was purely to debate the legal aspect of the question, for if the court holds that such a promise is not valid the action must drop. Counsel for Dillon said that the question had not previously been dealt with in New Zealand. He submitted that such a promise had been held in law in England and other countries as against the public policy. The law always jealously protected the institution of marriage, and anything that tended to injure or discredit that instituion was condemned. Also, here was a mischievous tendency in such a promise. Counsel cited cases in support of the contention.