Prospective Breach3 of Promise Case in Supreme Court Comes to Nought The action brought by Mrs. Sarah E. Senna against V. Britto for the recovery of $420, said to have been advanced to him for hospital and cther expenses, which case his Honour Judge Grain last week said involved a breach of promise action, came before him again at H. M. Supreme Court on; Tuesday.
Plaintiff, who is a widow, 56 years of age, now told the court that she had no means and was unable to obtain legal advice with regard to a breach of promise action. She would not proceed with that, but wished to recover the money she had spent on defendant.
Mr. Kentwell, for the defendant, said he denied being indebted to the lady, who was now claiming for what had been given in a friendly way. He admitted owing $14, but kad a counter-claim for $16, the price of a blanket he had purchased for her, His Honour went through the various items in plaintiff's claim, which included $590 withdrawn from a savings' society and given to defendant, and which next day he told her he had lost, $10 deseribed as "a loan raised for! a China lady," $7.20 interest! paid on goods! in pawn, $38! expended in providing cigarettes and has for defendant, $12 for; pai: of calico pyjamas, and $2 for a hat, She was gradually getting him clothed," his Honour observed, referring to the pyjamas and the hat.
Mr, Kentwell—If defendant had married the lady this action would never have been brought.
His Honour—You need not bother about that, because I am quite sure of it.
Mr. Kentwell pointed out that plaintiff had no receipts for the amounts said to have boom paid, Plaintiff replied,* through her interpreter, that she could hardly be expected to ask for receipts when he had promised to marry ther. She trusted him.
His Honour—Did he promise to marry you?
Plaintiff—Yes. He said he would marry me in 10 days, 1f I could raise a loan of $1,000.
In a statement of her case handed to his Honour by plaintiff, ie was mentioned that, upon defend-aunt's offer of marriage, plaintiff took time to consider, found him to be a decent man of good behaviour, and finally consented. Thereupon, defendant became a frequent caller at her home, sometimes looking in three or four times a day, and often Stayed for meals. When plaintiff suggested a date, he mentioned that his financial position was not strong and asked if she could arrange a loan. On November 20 of last year, he promised to
Text read from the printed page and cleaned; old type leaves the occasional error.