BREACH OF PROMISE

Wanganui Chronicle, Volume 74, Issue 137, 12 June 1931, Page 8

BREACH OF PROMISE

MOTHER AS MATCH-MAKER A BRIDE FROM SOUTH AFRICA [ Per Press Asnciation. j WELLINGTON, June 11. Claiming that she had come to Wellington from Johannesburg at the request of Wolf Rozental, of Wellington, draper, .elying on a promise of marriag-, Chain Zaz, a milliner, sued Rozental in the Supremo Court to-day for damages, stating that ho had refused to carry out his part of the contract. She asked for £ll2 special damages and £75 general damages. Air Justice Ma<G:egor awa led £175 full damages, with costs on tho lowest scale. Plaintiff claimed £2O, the cost of the passage from Johannesburg to Wellingti n, less £5 contributed by defendant, the cost of a return passage to Johannesburg £35, loss of earnings for four months £5l, accommodation in Wellington £6, and general damages £75, a total of £lB7, also costs of the action.

Tho defence admitted that the question of marriage had been discussed, but stated that until plai atiff and defendant met at Wellington their knowledge of each ther was limited to tho impression each had formed of tho other from. correspondence, and in. each case a photograph. It was further stated that plaintiff camo to Wellington under an arrangement by which defendant paid a proportion of her expenses, and subject to tho condition that if, after a personal interview, they' wcro both of a mind to marry, the contract of marriage should take place. Defendant denied that plaintiff’s passage to Now Zealand was made for tho purpose of marriage, alleging that sho was lodged free of charge at his homo at Wellington, and with her friends, until she procured employmen u at wages ».qual to her earnings in Johannesburg, and that sho had since become domiciled ir Wellington. Mr Mazcngarb, in opening plaintiff’s case, said that the parties were Polish Jews. The match was arranged by defendant’s mother. The romance commenced in 1929, when Rozental, who had established himself in business at Newtown as a supplier of ladies’ 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. His mother had no hesitation in picking out a capable and pretty milliner named Chaia Zak, as being tho 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 Rozental. 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 tho correspondence with tho original. Tho mother, as a matrimonial agent, had told the girl that her son would be contented with tho one she chose, but the girl naturally expected to be asked by the man himself. Shortly after her arrrival in Johannesburg, she received the first of a series of letters which led to the formation < f the contract to marry. Rozental also wrote to the girl’s parents in Poland. His early letters were in Russian, but his subsequent letters, and all hers, were iu Yiddish, that being the language which, furnished the greater facility' of expression in a Polish, courtship. The letters had been interpreted, but tne translations Uid not agree. Although there were inevitable differences, a comparison ui Hie versions siiuvvea a duimite offer ui marriage and a burning uesire on tne part ui uvlendant to complete too nuptials immediately upjn tne gin’s arrival in New Zeaianu. “He teas her lor instance, 7 counsel proceeded, “ tnat he uas a very uiue nuuse and xuruiture, and nut u uuu business, xic instructs nei to say un Hur application ior a permit, taut sue is coming to ner nancee. lie Leiis ner not to Lu/ aiiy ciothing, as He uas guL everything in Ins shop, and that cal Su.e wni uvea is x2«i to add to tnc money he is scnuiiig her lor lier ticiict. U'urtnermore ne wruie to Her parents xor a loan of auu dollars, and uu juincu the synagogue lie re because, 1 am coid, unc cun uu married mired caeuper in a Synagogue ii one is a memuer.” rlaaiaif came to \vunmgton under the protection oi Rozental's male menu. Counsel said sue was on arrival by ivuzeiii.il and ms mother, and was taken to Jiis Home, and uisu to inspect tnc shop at Newtown. Uu die imiuwnig day ue miurmcd ner tnat the marriage would not take place, and that sue was to go back to ooutn xkinca. ms explanation was that he had fallen in love with another gin. icamtiiL was naturally upset, auu asked way he had not told her tnat he had another girl belorc she had left Johannesburg. Evidence was on these lines. His Honour, delivering judgment, said that for more than one reason ho would have preferred that the case should be tried by a jury, liad tho case been heard before a jury mciu wau little doubt as to now tnc verdict would have gone. “1 am satisfied, ' said his Honour, “that in the first place defendant agreed to fits mother picking fur film a wile in Poland. 1 am satisfied that the defendant agreed to marry the girl when she arrived in New Zealand, and am satisfied that the condition raised by deicndant that plaintiff came uut on approval, has nut been proved. Defendant was nut at liberty to play fast and loose m this way. 1 do not believe the defendant s story that he repudiated her because she did not come up tu her photograph, as 1 do not believe that the pliuiu graph does the girl justice. L’here is no doubt that the girl suffered a very serious injury by being treated in this way, and that she alsu was put to considerable expense in coming to New Zealand from Johannesburg.” His Honour awarded plaintiff £175, full damages, with costs on the lowest scale, disbursements, witnesses’ expenses, and interpreter's fees to bo fixed by the Registrar.