The Sun.
London, England, 1859-08-05 00:00:00

APPEAL.-DOLPHIN V. ROBINS AND ANOTHER.

This is an appeal from a decision of Sir C. Cresswell,
Judge-Ordinary of the Court of Probate refusing probate
on the will of the late Mrs. Dolphin, executed in Francs.
Their lordships were of opinion (in which Lord Brougham,
Lord Chelmsford, and Lord Wensleydale had expressed their
entire concurrence) Ist., That the Scotch divorce did not
dissolve the English marriage ; 2d, that Mrs. Dolphin's
domicile was the English domicile of her husband; and 3d,
that Mrs. Dolphin had not acquired a French domicile, and
that being a married woman she could not make a will in
France according to tho law of England.
Their lordships affirmed the decision of Sir Cresswell
Cresswell, and dismissed the appeal, without costs.

LAW INTELLIGBNCE.(THIS DAY.)

SECONDARIES COURT

BREACH OF PROMISE OF MARRIAGE-DAMAGES, 1250.-

DAVIS V. MOSES

This was a writ of inquiry to assess the damages in a
breach of promise of marriage—defendant having suffered
judgment to go by default.
Mr. Sergeant Pigott and Mr. Sleigh appeared for the
plaintiff, and Mr. Harrison for the defendant.
Mr. Sergeant Pigott, for the plaintiff, opened the case at
some length, and stated that the parties to this suit are
of the Jewish persuasion. Plaintiff, a young lady aged 35, is
the daughter of a deeper carrying on business in the St.
John-street-road, and defendant, aged 37, is a jeweller, of
Oxford-street. The parties became acquainted four years
ago at the house of a mutual acquaintance named Davis.
After much visiting and many love episodes, defendant pro-
posed for the hand of Miss Davis, and was accepted. But
between Sept., 1858, and Jan., 1859, obstacles appeared
to arise to prevent the desired consummation. Defendant
averred in his epistles that his mother was against the
match, and that his father was• of the same mind as the
" missu.s." (Laughter.) In fact, his father wished him to
marry a maiden of their own choice. Defendant, who had
previously declared himself to be very well off, now said
that money matters was one cause of the non-fulfilment
of his contract, His mother had threatened to go down to
Portsmouth and take the money from his (defendant's)
name, placing it in that of his brother. Under all these
circumstances, defendant being scarcely of an age when be
could judge for himself in the matter of a wife, the learned
sergeant called upon the jury to award plaintiff such da-
mages as would in some degree recompense her for the
breach of promise committed by defendant.
Mrs. Davis (plaintiff's mother), examined by Mr. Sleigh,
proved the above statement, and said that defendant had
frequently stated that he had money and a good business ;
he had no objection to her friends knowing of his proposi-
tion to marry defendant, but he wished it kept secret from
his own. Defendant was well off, and his uncle had died
lately and left him a legacy.
Cross-examined—Our families had been intimate for
years. Defendant was a very frequent visitor at our house.
Sometimes two or three times a day. (Laughter.) He
keeps a jeweller's shop. He sells Dutch Blocks. (Laughter.)
The intended marriage was broken off because he would
not inform his parents of it, and my daughter would not
consent to a clandestine match. When the matter was
broken off defendant offered £lOO in two bills at six and
twelve months. (Laughter.) This was of course refused.
Plaintiff was in business before the proposals made by de-
fendant, but at the request of that person gave it up.
Be-examined—Plaintiff had suffered much in ' health
through the breach of defendant's promise.
Mr Davis stated that defendant had declared that he did
not want any money with " Betsy " having plenty of his
own. Witness said he would give his consent to the mar-
riage, but could not give his daughter any money.
Plaintiff, and sister, with an apprentice, earned 255. per
week at shoe-binding, but this had been given up at de-
fendant's request. laintiff was taken seriously ill after
the refusal of defendant to fulfil his engagement,
and was visited by a physician. After he
had attended her for a day or two he pronounced that she
suffered from some "sudden shock." Witness then' told
him the cause. He said he• could not administer to a
diseased mind. Witness fancied himself that the reason
defendant did not perform his promise was because he
(witness) could not give Betsy £5OO or £l,OOO. Defen-
dant sold American and French as well as Dutch clocks.
Defendant also dealt in expensive china.
Mr. Harrison—Anything else beside the crockery?
(Laughter.)
Mr. Sleigh—Oh ! don't call it crockery—it is valuable
china. (Roars of laughter.)
Witness—Defendant never said he not the means to keep
a wife.

A witness, called by Mr. Sleigh, said that one day he
was hailed by defendant; who said that he did not mind the
intended marriage being talked about in plaintiff's family,
adding, " I only want it kept secret till the old man's
death, and then I shall have £5OO. Come and have a drop
of brandy. lam worth £1,400, and don't use £10." No
one was present at this conversation.
Mr. Simmonds produced the pr.late of a will under
which defendant took £5OO, dated 21st April, 1859.
Mrs. Davis, at whose house defendant had courtedplaine-f
plain-
tiff, stated that Mr. Moses had notified his intention
marrying plaintiff. Witness told him he could not
better. He also said it was now time he threw off the yoked,
o
alluding to his parents. (Laughter.)
Sleigh—eL
hto throw off the yoke. (Roars o
thirty-
seven agree with him. A young man of_ f
laughter.)
the
Mr. Sleigh then addressed the jury,
Plaintiff was entitled to the full amount in declaration,
and contended that
iota. Defendant was an £6OO. Not one thing had been brought out that could
mitigate the damages one
and not a boy entrapped into a
intelli-
gent Moses vas no chicken, and it
marriage
seven,
r.
time he threw off the yoke. (Laughter.)
Under all the
man
byof thirty
circumstances, plaintiff was entitled to far more than the
amount claimed.
Mr. Harrison
' thought the case had been exaggerated
against defendant. It was understood to be made out that
Mr. Moses was a person of great importance, but he (Mr.
H.) still stuck by the crockery and Dutch clocks.
(Laughter.) Sergeant Pigott had been brought down to
nestle in his silk, as though this was most important case
—but the parties were really in moderate stations of life.
After generally addresting the jury in mitigation, Mr.
Harrison concluded a very able speech, 'and
The learned Secondary pointed out that the jury had to
assess the damages, and after a h s ort deliberation the jury
found for plaintiff. Damages, £250. •
The court was crowded with members of the Jewish i per-
suasion, of both sexes, who appeared to
take
great interest
in the proceedings.

The Ministerial whitebait dinner will take place
next Wednesday, the 10th inst., at the Trafalgar, Green-
wich, and it is anticipated that the business of the session
will be brought to a close on the following §aturday, the
13th.

The intelligence from Australia this morning
states that the following gold ships have left Melbourne for
England :—The Avon, on the ' 19th May, with 45,888
ounces ; the Southampton, 26th, 29,554 ounces ; the Prince
of the Seas, 27th, 26,321; the Eagle, Bth June, 31,635;
and the Beechworth, 10th, 19,988 ; making
.a total of
153,396 ounces, valued at about £613,000, of which a small
portion may be considered due.