BREACH OF PROMISE CASE.

Thames Star, Volume XXIV, Issue 7441, 9 June 1893, Page 2

BREACH OF PROMISE CASE.

Henderson v. Smith*

EVIDENCE OF THE PARTIES,

VERDICT FOR £50 DAMAGES

AND COSTS,

TPitEss Association.]

Auckland, This day. At the Supreme Court to-day the case of Catherine Henderson v. William Thos. Smith, for breach of promise to marry, being a claim for £SCO, was heard.

The defendant admitted the breach of promise, but contested the amount of damage.

The evidence showed that defendant was getting 8s per day as a fireman on the railway. He was engaged, but only saw the defendant once afterwards in consequence of her removing out of the district. His last letter to her expressed his affection, and gave no intimation of a change of feelings. Some time passed without further correspondence, and the plaintiff then wrote asking; if the defendant wanted the ring returned, and receiving no in reply she engaged a solicitor, who demanded an explanation. The defendant then wrote to plaintiff stating that absence had caused a loss of fondness, and begged her to act nobly and not take proceedings. The defendant had married another woman prior to the action being taken. Defendant's solicitor offered £20, but plaintiff's solicitor asked £100, and £10 10s costs. The defendant wrote stating that the engagement had not been broken in consequence of misbehavior of plaintiff. Be considered he was not good enough for her.

The plaintiff deposed that she was 19 years of agejand had suffered severely from the disappointment. Her father and mother corroborated this.

Regarding means, defendant stated that his wages were 8s per day, with occasional overtime. He had paid £3 par month towards the. support of an aged father and mother and saved £35, of which £25 was expended to furnish the house.

Judge Conolly asked the jury not to give outrageous damages or insulting to plaintiff.

The jury returned a verdict for plaintiff for £50. Costs were allowed on the lowest scale.