The Sun.
London, England, 1853-11-25 00:00:00

LAW INT

C E—No v. 24

SHERIFF'S COURT.

(Before James Burchell, Esq., Deputy Under-Sheriff.)

3IAPLESON V. MOLE.--BREACH OF PROMISE.

This was a writ of inquiry for the assessment of
damages in an action brought in one of the superior courts
to recover compensation for the breach of a marriage
contract entered into by the defendant with the plain-
tiff. Judgment had been suffered to go by default, by
which the defendant admitted that he had made the
promise and did not perform it. The damages were
laid at 2001.
Mr. Charnock appeared for the plaintiff, Mr. Parry on
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The parties were in a humble sphere of life—the plain-
tiff being a domestic servant, and the defendant managed
a stationery business for his father, in Great Russell-
street, Bloomsbury ; he was about 26 years of age, and
therefore was fully responsible for the engagement he
had made with the plaintiff. In 1851, the plaintiff was
in the service of a gentleman named Collins, in Bedford-
square, where her mother was engaged as cook, and the
defendant having become acquainted with her, he, with
the sanction of the mistress of the house and her mother,
regularly visited her, paid her all the attentions of a
suitor, and professed the most honourable intentions.
At his suggestion she left Mr. Collins's service, and
entered that of a gentleman named Knight, in Charter-
house-square, where the visiting was continued, but a little
quarrel took place between them, the defendant being jea-
lous about some young man in the house, and divers little
presents which they had received from each other were
returned, and the plaintiff left her situation. This of
course was communicated to her mother by the plain-
tiff ; and subsequently on her meeting the defen-
dant in the street, he appeared very anxious to
know where he could find the plaintiff, but the mother
refused to tell him anything beyond the fact that she
was in a good place and was quite independent of him.
The defendant by some means (which did not transpire)
found that she was in a situation in Eaton Villas, Ha-
verstock-hill, and, after a little correspondence their
friendship was renewed, and, the plaintiff having left
her situation, went to reside at the house of a Mrs.
Spinks, where he continued his visits and objected to
her going into service again, and proposed marriage. It
was arranged that the wedding should take place on
Michaelmas-day ; clothes, suitable for the occasion were
provided ; the banns, by the direction of the defendant,
were put at St. Pancras church ; the ring was bought,
and a dinner for the occasion ordered ; and a brougham,
to take the wedding party on a short rural excursion,
was bespoke ; but all to no purpose. The defendant had
a sister named Mrs. Jackson, and she, the defendant, a
Mrs. Wilson, and one or two others who took an inte-
rest in the match, had some conversation on the subject
on the 28th, and then Mrs. Jackson did all she could to
induce her brother to abandon the affair, at least for the
present, but he decided then to the contrary, and said
the marriage should take place. Mrs. Jackson urged his
utter want of means, as the reason why he should not
then enter the matrimonial condition ; still he persisted,
but, at a later period of the day, a letter was handed
to Mrs. Wilson for the plaintiff in which he totally
broke off the engagement. That letter was afterwards
burnt, but the contents were to the following effect :
" Fanny—l have taken the subject into consideration,
and I find that my parents will not consent to the union,
and I have given up all thoughts of performing my pro-
mise to-morrow, and would think no more about it, and
I hope that you will think no more about it. lam no
more never yours for ever, William Mole." (Loud
laughter.) The result of this was that the plaintiff had
a violent fit, and had since continued subject to them,
although she had had excellent health until this un-
toward circumstance. The next morning, the mother,
not knowing what had occurred, went to the church, as
she had been invited, but finding that the party did not
arrive, she hurried off to Spinks's, and there ascertained
the state of things. The defendant's father was in a
situation in the Court of Common Pleas, as well as a
stationer, and it had been said that the defendant had
some expectations from an uncle who had been servant
to the late Chief Justice Tyndal. A lawyer's letter was
sent to the defendant demanding reparation for his
breach of the engagement, but it was treated with silence.
Hence these proceedings.
The plaintiff's mother was the first witness called.
She bore out the above statement of facts so far as they
related to her. She was the widow of a hackney coach
proprietor, and was left twelve years ago with six children
to maintain. She always thought the plaintiff and de-
fendant were much attached to each other, and that the
defendant VMS a very respectable young man. She met
him on one occasion in Tottenham-court-road, and asked
him if he was well aware of what he was about, and
whether he was doing right ? When he said he could
keep a wife comfortable, that his parents did not know
what he was about to do, and that if they refused to re-
ceive his wife, he could himself provide a home for her.
On another occasion, after the rupture, he said it was
all his mother's doing, as she told him that if he married
then, she would never look upon him again. Witness
considered him a weak minded young man after this.
(A. laugh.)
Mrs. Spinks and Mrs. Wilson gave evidence. It ap-
peared that after the plaintiff got the note breaking the
engagement, she expressed a wish that Mrs. Wilson
(who said she had always taken a warm, friendly inte-
rest in her behalf), might have all the curses of hell fall
upon her head, and that she and Mrs. Jackson were
two-faced b—h's, whom she would make repent of what
had occurred. Mr. Wilson was to have acted as father
at the wedding, but he had since died. The plaintiffs
mother attributed this to his taking the defendant's
conduct so much to heart. (A laugh.)
Evidence of the fits having been given,
Mr. Parry addressed the jury. He thought this an
ill-advised proceeding, as they might as well have
brought an action against a union house pauper, for not
one farthing could they ever get from the defendant,
who had no means of his own whatever. That there
had been a promise and a breach of it could not be
denied, but the plaintiff should have adopted Mrs.
Jackson's entreaties and allowed the marriage to stand
over until the defendant was in possession of means to
keep a wife. These actions were often brought to
obtain redress for a great wrong, but what wrong bad
this plaintiff sustained ? It was far from impossible that
if the jury gave nominal damages, the marriage might
yet take place, if these young folks were so very fond of
each other—it was only a postponement which was at
first proposed, not a final refusal, and had twat proposal
been accepted the marriage by this time might have
taken place. He commented on all the facts and asked
the jury to give the smallest damages.
The jury assessed the amount at 251.

MIDDLESEX SESSIONS.—Nov. 24.