BREACH OF PROMISE.

Wanganui Herald, Volume XXXV, Issue 10501, 23 November 1901, Page 2

BREACH OF PROMISE.

„ , «—« — - —^ Returned Trooper Sued. (Per United Press Association.) , DUNEDIN, November 22. - 'At the Supreme' Court" yesterday, a breach of -promise case was commenced in -which Miss -Mark sought to recover .£SOO damages j^rom Joseph Culling, a member "of the First Contingent. Defendant, when working on a dredge at Alexandra, became, acquainted with the plaintiff, and if was alleged ultimately became engaged to her. Defendant wrote to her from South Africa. In one letter from Arundel he wrote, "I remain, dearest Katie, yours till death doth us part." On being invalided home, after spending some- time in Dunedin, he went to .Alexandra, and, it is alleged, arranged .to marry Miss Clark at Christmas. Then came a change' in the tone of the letters. '-He wrote : — "I firmly believe that my days will~be spent in -bachelorhood, for Katie, you are the only girl I ever cared for, and my reasons for not going further are the best. I will always be your friend, but I don't think I can ever be anything more." When the matter was placed in the .hands of' a solicitor, and instructions given that unless the promise was carried ont. ' a case would be brought against 'him, he telegraphed": — "Have "not refused." When the writ was ißsned the defendant wrote that he had not £5, and the -doctors tola him he was not tomarry. The statement of defence filed was that there was no agreement to marry. Additional defence was then filed that if defendant did promise to marry he had become afflicted by a dangerous deadly disease or infirmity, the result of an injury in South Africa, and it would bo a great danger- to his health and life to enter the married state. It was mentioned that . defendant would, on his mother's death, be entitled to a tenth share of a property valued at ten or twelve thousand pounds. Mr Justice Williams deferred summing up.