The Sun.
London, England, 1858-06-11 00:00:00

JUDG

This was an action in which the plaintiff Labella
Hall, sued the defendant, George Wright, to recover
damages for a breach of promise to marry her within
a reasonable time.

The defendant pleaded—first, the general issue; se-
condly, that the said agreement, before breach, was
mutually rescinded by the parties ; and, thirdly, that
after the said agreement, and before breach, he became
and still was affected with dangerous bodily disease, by
reason of which he became and still was incapable of
marriage without great danger of his life, and, there-
fore unfit for the married state, whereof the plaintiff
had notice before the commencement of the
action. At the trial, which took place some time
since before before Mr. Justice Erle, the jury found that
it would have been dangerous to the defendant's life to
marry the plaintiff, but that the plaintiff had no notice
thereof. Upon this, Mr. Justice Erle directed a verdict
to be entered for the defendant, but gave the plaintiff
leave to move to enter a verdict in her favour for 1001.,
being the amount of damages assessed by the jury. A
rule was accordingly granted, and also for judgment,
notwithstanding the verdict.

The Court this morning delivered judgment.
Mr. Justice Crompton considered the plea of notice
bad, because it did not give sufficient excuse for the de-
fendant's non-performance of the contract. Inability
physically to perform the function of marriage gave the
right or option to the other party to rescind the con-
tract. The plea, however, in this case, gave no reason
for breaking off the marriage, and it must be taken as
no valid excuse fcr the non-performance of the contract.
His judgment was for,the plaintiff.
Mr. Justice Erie said that moral disease, mental
disease, or bodily disease no doubt voided a contract to
recovery. A contract to recovery was assumed in law
to be made for the purpose of mutual comfort, but was
voided if any act of God or other circumstances changed
the relative position of the parties before the given day
for marriage arrived. The promhe to marry here was
to be within a reasonable time, and that be considered
was not to be measured by the test of days, but from
the cause of the original delay arising from an alteratio❑
in the position of the parties when the supposed time of
marriage bad arrived. It would, therefore, be unjust
to say that the time for marriage bad arrived when
marriage would probably be the cause of death, when a
little further delay would probably restore the party to
health or release him by death. His judgment was fur
the defendant.

Mr. Justice Wightman also considtred the judgmen
should be for the defendants.

Lord Campbell was of opinion the plea of notice was
bad, and that the plaintiff was entitled to the damages
the jury had assesstd. The decision of the judges being
equally divided the junior judge, as was usual on sucb
occasions, would be supposed to have withdrawn, and
that would give the majority in favour of the defendant.
With a view of enabling the parties to take the opinion
of the Cxurt of Error on the point; the judgment would
be for the defendant.

Judgment accordingly.
THE QUEEN V. THE DIRECTORS OF THE POOR OF ST.
PANCRAS—SQUANDERING PARISH RATES.
In this case a rule had been obtained, at the instance
of the Poor-law Board, against the directors of the poor,
kc., of St, Pancras parish, calling upon them to show
cause why they refused to allow Mr. Parnall, one of the
Poor-law Board inspectors, to inspect and admeasure
certain new buildirgs erected by them for the use of the
poor, with a view to laying down certain regulations re-
ld.'ive to their occupancy by the poor.
fr.pr hearing Mr. A th.erinr 0 C.. PnAinst the rule.
The (Arun bald the objection to admit the inspector
was frivolous and vexation., and they directed the rule
to issue.
Rule granted accordingly.

ADMISSION OF ATTORNEYS.—Upwards of 50 gentlemen
were sworn in this morning, before Mr. Justice Wight-
man, in the Bail Court, and entered on the rolls as
attorneys.

POLICE INTELLIGENCE.—(This Day.

MARLBOROUGH-STREET.
BRUTAL ASSAULT BY A. FBIIALIt —Jane Prendergast,
who conducted herself with much warmth of temper
while the prosecutrix was giving her evidence, was
charged with committing an assault on a female of a
rather serious nature.
Ann Collins, 4, Bernard's-buildings, Crown-street,
Soho, said she was a dressmaker, and that on Friday
last the prisoner gave her a dress to make. The pri-
soner called at her house last night and asked for the
dress, bat it being unfinished she refused to give it, but
ultimately, on the prisoner creating a disturbance, she
did so. Late in the evening she had occasion to go out,
when she met the prisoner, who, evidently, had bee❑
waiting for her, and the prisoner immediately gave her
a violent blow on the temple with something which she
had in her hand. She had, previous to doing so, made
use of a most violent threat. Sh 9 bled very much, and
suffered great pain.
The prisoner said she went for her dress and as she
found that the prosecutrix had taken it to a dolly shop she
certainly struck her.

Mr. Bi❑ghaui said be should remand her to see the
result of the wound she bad given the proaccutrix, for
she might die for aught he k❑ew.
Rema❑ded.

ATTEMPT TO OBTAIN MONEY PROM THE POOR-BOX
BY FALSE PRETENCES.—Joseph Subinski, a Pole, vi as.
charged before Mr. Bingham, with attempting to obtain
money from the poor•box of the court by false pretences.
Tnemas Shillingford, 141 C, one of the warrant
officers of the court, said that yesterday afternoon be
went to the office of the Society for the Relief of Dis-
tressed Piles, Duke-street, St. James's, and showed the
paper produced to the secretary, who said it was not his
handwriting.

Mr. Stephen Collins, Second usher of the court, said
he received the letter produced from the prisoner, ar.d
delivered it to Mr. Bingham, who took out the enclo•
sure. It requested assistance from the poor-box of the
court, and purported to be written by the secretary of
the Society for the Relief of Distressed Poles.
The prisoner, an elderly man, admitted that he wrote
the letter himself, and wag guilty.
Mr. Bingham said that he should commit the pri-
soner for two mouths' with hard labour.