The Sun.
London, England, 1828-05-31 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF COI/ AWN
BREACH OF PROMISE 0i MARRIAGE.
HUDSON V. DOVE.

Mr. Sergeant WILDS 'in this case addressed the Jury
for the plaintiff. There was, he said, nothing of romance
in the case he had to submit to the Jury; but a great deal
of pain bad, notwithstanding, been occasioned by the con-
duct of the defendant. They had both arrived at that
time tell& when disappointment could not be supposed to
affect their feelings very acutely, and both of them had been
previously married, and had had children. There was no-
thing which could at all justly the conduct of the defend-
ant in thus withdrawing from his professed intention. He
had been himself the proprietor of the King's Head Inn at
Egham, and upon the death of his wife, he disposed of
the inn, and, confined hie attention solely to the horsing
4)f coaches upon the western road. The plaintiff had
been educated by the bounty of Queen Charlotte, and
had married in the year 1820. In the year 1824 her
husband died, and she subsequently purchased Warne's
Hotel, in Conduit-street. She was in ill.health, and was
advised to go to Egham, for the benefit of her health ;
here shti met the defendant for the first time. After her
return the defendant came to town, and after visiting her
for some time at her hotel, be made proposals of marriage,
'which were accepted. The license was procured, and the
wedding dresses were prepared. The defendant insisted
upon her selling the hotel, which was done at a serious
loss, because be would not marry until it was disposed of.
On the 14th of January last she gave up possession of the
hotel to The purchaser, .and on the next morning, which
was that on which she was to have been married, she re-
ceived a letter from the defendant, stating that lie could
proceed no further in the business, and that his lips
were unable to say what he then wrote. The
plaintiff having no home to go to, was received
by the landlady of the Golden Cross (who'svas a friend of
her's) where she remained extremely ill for two or three
weeks. These were the circumstances he should prove to
the Jury, and which he felt assured would entitle him to
ample compensation at their hands. The Learned
Counsel then called the following witnesses.
Thomas Howe deposed, that he lives in Great Newport-
street,.and knew the plaintiff five or six years. She kept
Warne's Hotel, in Conduit-street. Knew Mr. Dove
also, who kept a great posting-house. Mrs. Hudson had
three children, and was about 40 years of age. Mt. Dove
had two children, and was about the. same age. I saw Mr.
Dove in November last, when he said that he called
about Mrs. Hudson, and wished to know respecting her
solvency, as he had a great regard for her (the plaintiff.)
I told him that after all her debts were paid she would

have about 3001. He said be knew she had given more
than the value for Warne's Hotel, and that she was cheated.
He was perfectly satisfied, but said that he did not think
her well calculated for the management of a hotel. She
had paid 'upwards of 2,1001. for the furniture and good-
will. lie said he had a great regard for her, and should
recommend her to dispose of the concern, as he did not
like town himself. He said he had thirty or forty horses
on the western road as coach-master. She had an annuity
of 50/., which I never mentioned to Mr. Dove at all.
Cross-examined by Mr. Sergeant STORKS—The son of

the plaintiff is with a surveyor; he •is about sixteen years
of age. Mrs. Hudson said that she paid for his board and
clothing. The other children are younger. Mr. Dove
knew that she had these children.

Mr. H. S. Cape deposed that he is an auctioneer and
house agent. In the year 1827, Mrs. Hudson applied to
him relative to Warne's Hotel. Witness investigated the
state of the concern to see whether she should keep or dis-
pose of it. Witness advised her to keep it after having
gone into the investigation. In November a second appli-
cation was made to him by the defendant, who told him
tharAlrs. Hudson was about to alter her situation in life,
and he therefore wished him to take instructions for the
disposal of the Hotel. Witness told him that if time were
allowed, a premium might be obtained for the good-will, but
he said he would not wait, for he would not marry until it
was disposed ot; as he did not wish to render himself liable
to .a rent of 3001. per annum. He pressed much to get rid
of the concern, and finally it was disposed of to a
Mr. Bryant for 1,113/. 35.6 d. No premium being required
The profits of the concern he found upon investigation had
supported Mrs. Hudson and her family. Upon one occa-
sion a conversation occurred between the plaintiff and de-
fendant as to whether she wished to retain any part of
her property. She said she feared, if she took any, she
would not pay her debts with the remainder. Witness
said he would undertake to pay her debts if she would give
him the goods, upon which the defendant said, that she
might take what plate and linen she liked. Mr.' Bryant
took possession on the I4th of January.

Cross-examined—This conversation occurred at Warne's

Hotel.

Eleanor Godden deposed, that she knew Mrs. Hudson
nearly twenty years. • Was at Warne's Hotel in January,
and saw Mr. Dove there frequently. Wedding dresses were
prepared.
George Bolton, a clerk from Doctors' Commons pro-
duced the application for the licence for marriage between
the parties.
A note was then put in from the defendant, stating,
that after examining her accounts, he was unable to pro-
ceed any farther, and that his lips had not the power of
stating what he then wrote. •
Mrs. Stratton, who keeps the Golden Cross, deposed,.
that Mrs. Hudson came to her house upon the receipt of
the letter read, and remained a fortnight, during which
her health was so bad, and she was so much affected, that
one servant was wholly taken up in attending to her.
Mr. Money, a surgeon, also deposed to being called in
to attend Mrs. Hudson on the 15th of January (the letter
of the defendant was dated on the 14th): she was labour."
ing under great mental distress, and he continued to at-
tend her until the 2fith of February; she was so ill as to

. •
excite the alarm of her attendants. She, was labouring
under great excitement of the heart and of the brain.
Cross-examined. Has long been in the habit of at-
tending Mrs. Hudson. She experienced some debility
every year ; but a little country air usually restored her.
Mr. Dean.—lam the tenant of the King's
.11ead. Mr.
Dove is the landlord.. I pay 1601. per annum, and I paid
on going in, upwards of 2,0001.
This was the case for the plaintiff.
Mr. STORKS then addressed the Jury for the defendant.
He said we were always anxious, when a female was
wronged, to take up her cause, and although he meant to
impute nothing to the witnesses at all to their dis-
advantage, yet he must say that it was apparent
they were all of them in some measure swayed by
such feelings in faVour of an injured female. He was glad
to hear his Learned Friend declare; that this was not
a case in which the feelings were deeply interested,
It was no case of romance—it was a case only of interest.
His Learned Friend had said, that it argued a want of
taste upon the part of the defendant to appear in Court
upon that occasion; but he could not see it in this light.
Mr. Dove had done nothing of which he had any occasion
to be ashamed, though Le might bitterly regret its conse-
quences. He had, acted prudently, when he found the
state of her circumstances and of her family. The whole
agreement was a matter of figures, and not of feeling ;
and if her circumstances were such as were supposed, a
union might have taken place which might have been
productive of happiness to both panic., ; but when
he found .a
rising family, and complicated, not to say
embarrused, concerns, was it so very strange that
he should withdraw from.aa engagement which could not
fail to be productive of injury to his own children ? The
Learned Counsel then contended that it was not a case which
called for any thing in the shape.of
.Leavy damages.
' The LORD CHIEF JUSTICE charged the Jury, that it
was clear from the evidence that the plaintiff was turned
out houseless upon the world Owing to the promises of the
defendant, who had not thought proper to fulfil these pro-
misee, although the property of Mrs. Hudson far exceeded
any representation of its amount that had been ever made
to him. Under these 'circumstances, the plaintiff was
entitled to such compeniation as would replace her in a
situation equally advantageous to, that from which his pre-
mises had drawn her.

The Jury, after a few minutes' deliberation, gave a ver•
diet for the plaintiff,—Damages, 1,000/.

The Duke of CUMBERLAND and the Duchess
Of GLOUCESTER visited his MAJESTY' yesterday.

The Duke of CUMBERLAND honoured the
Earl of EtooN with his company to dinner on Thursday,
At his residence in Ha►nilton-place.

The Duke of CLARENCE came to town yes-
terday, from his seat in Bushy Park.
Prince GEORGE of Cumberland, attended by
Colonel POTEN, and the Rev. Mr. JELF, went yesterday fo
hear the trials at Justice hall, in the Old Bailey.
The Duchess of KENT, attended by the
Baroness de SIAEDTII, and Sir JOHN CONitoY, honoured
the performance of the opera of " Otello," at the Italian
Opera House, on Thursday evening, with her presence.
Mr. Secretary PEEL, the CHANCELLOR of
the EXCHEQUER, Mr. HIRRIES, the Marquis of LON-
DONDERRY, and Mr. ARBUIHNOT, had interviews with
ti e Duke of Wrmaisc•row yesterday, at the Treasury.
Earl DIGBY and Earl STANHoPE transacted
business yesterday at the Colonial-Office, Downing-street.