The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-09-25
NEW BETR0THAL WRINKLE
CONTRACT TO WE'D OR PAY $500
LIOCIDATED DAMAGES.

uoIdr.rb sage Ne was DruEEed Herore NE
signed II and Hnd No 1ntepuon or MAR
wing Lens MISUNDERSTANDING THAT NE
was sober and was In Search or n wire.
Lena weinstein. instead OF suing Leib Gold.
t.rb. who, abe says, Tilted her, for breach OF
nromise OF marriage, had an action on trial be-
fore Justice Freedman Of tho Supreme Court
Yesterday to recover $500 as liquidatcd dam.
ages on a contract to marry her. The con.
tract was executed Oct. g, 1895. and provided
that thoy should marry on Jan. 80. 1896, and
that IL they failed to marry tho one defaultins
,bould pay the other $500, not as a penalty.
but as liquidatcd damages. Tho form of con.
tract and the action brought saved the plaintiff
nom proving damages because of tho breach.
The contract was drawn by Mendel VII.
unsky. a cigar dealer, who brought about the
engagement, and was witnessed by him and by
Rabbi d. Ginsberg. before whom the ccrc.
mony Of betrothal was held the night 1t was
executed. Goddard admits his refusal to
marry the girl, and said he had no KNOWLEDGE
Of executing the paper. but presumed 1t was
done after he had drunk doctored wine.
Goddard said that he had q small notion
business in Germantown, Pa. and came hero
on oct. :. 1895, to buy goods. He went into an
east side cafe where one Mendel willinsky, a
stranger TO him. addressed him. claiming an
acquaintance. In the course OF the converse.
ton Willinsky told the young man he ought to
marry. and remarked that he had just the girl
he wanted-a girl that had %, o and ex-
pectations. Goddard said he did not intend
TO marry at that time. and wininsky said that
he would have to marry some day. and he
might as well do 30 when he had a chance of
getting a good girl. Goddard said he would
take q lock at the girl. and the two repaired to
the house OF the plaintiff. who lived with her
father in sullivan street. Goddard said that
when he explained where he came from Lena
said;
country. and 1 have a good notion to marry
you.
get married in fifteen minutes. Lena followed
IN make a good wife for you. My father
about tending cattle. and I've got 5000 in
Goddard paused to mediate. and wminsky
Why don't you mako q date with that grill
She'll make a good wife and keep store for
Goddard found voice to say that he would
have % write to his brother, but that he would
give the matter consideration. Hereupon,
Goddard says, the young girl edged up to him,
how often he came to town, and being in
Then we had better put the date of. Look
here in the glass and sec what q charming
couple we W0ul0 make.
AS Goddard withdrew from her arms and
stood in a thoughtful mood. the bearded VII
Ensky interpolated:
You are losing a good thing"
To which remark Goddard, in a philosoph-
ical way, returned:
You see. when I buy goods I can sell them;
that is my business; but this is a new matter to
me, and l know l would be taking something on
hand that I could not dispose of"
At about this period Goddard says Lena's
father came in and produced some wine, Of
which Lena gave Goddard a glass. Goddard
could not remember much about the paper he
signed. except that Lena handed some paper
70 him. and that, in a state Of delirium. and
beng sick at the stomach. he signed it without
reading il. He that q rabbi was
at the house when he signed it.
The memory OF Goddard also served him to
Willinsky was at his elbow demanding SIS for
getting him o wife. Goldfarb said he had no
wife and had only IS left Wininsky said he
would call a policeman Ii the money was not
paid, and then Goldfarb gave him IS and q
check for $40.
Rabbi Ginsberg testified that when he per-
formed the engagement ceremony Goddard
was perfectly sober. Willinsky testified that
he had known Goldfarb for a long time before
the ceremony, and when Goddard spoke OF
wanting Q wife Wfllinsky offered to introduce
him to the plaintiff. There was no representa-
ton that she was worth 5000. but it was rep
resented that she would make him q good wife.
Lena and her father both testified that Gold
farb had been caning at the house for two
weeks before the ceremony. They both said
no was perfectly sober when 1t occurred.
A sealed verdict was ordered for Monday
morning.