1941-05-16 — Page 41

THE CHINA MAIL, MAY 16, 1941.

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PROMISE You CAN AFFORD ONE OF THESE

DANCE HOSTESS FAILS IN BREACH OF ACTION

JUDGMENT WITH costs was given in a

breach of promise case to Chan Ah-ning, BATTLE

defendant, of No. 126, Wing Lok Street, by

RUTBAH

WESTINGHOUSE

REFRIGERATORS

Mr. Justice P. E. F. Cressall, at the Summary DRAMA.

court to-day. Cheung Li-lam, of No. 1, Min Fat Street, was the plaintiff.

Beside his wrecked air- craft stood a solitary

Mr. M. A. da Silva was for when the defendant brought the figure. Intensive fire plaintiff while Mr. C. A. S. Russ girl to his room be said inter alia from the fort at Rutbah, represented defendant

In the emuurse of his judgment, Mr Justice Cressal! said:

This is an action claiming th sum of $1,000, as damages for a breach of a promise to marry,

"Have a wife?" to which the

witness replied "No." The defen- as well as from an insur- dant then said "I want to marry this gri

in the sand across the

Can you verify i have gent nest no wife." Witness thereupon told dunes, swept the plamuff. “He (meaning defen-

desert. dant) is a good boy and you should not hesitate in

marrying!

In cases of this nature the ease,

This was the of action is based on the general

serne that con- rule in the law of contract whien him "

It was stated that Vini fronted a young flying officer who stipulates that every agreement, : Pong's wife was present and pre-

was making a lone bombing at- on a desert fort held this conversation tack

for not manifestly impossibile. mad sumably heard deliberately and seriously by per but she has not been called as a days by Trag rebels, says a re- port from R.A.F. Headquarters sons cupable of contracting and witness having a ground in

in the Middle East yesterday to The defendant strenuously den- reason which

bees that he is not immoral or forbidden

the the Air Ministry news service. ever menhuned

The flying officer at once land- law, may be enforced by action, ¦ word marriage and insists that his

ed his aircraft as close to the although there may have been no relations with the plaintiff were

as possible. Then he consideration

or those of a man with an "amateur] wreck senze English Law (Rood Wallach prostitute" whatever that expres-cognised the figure standing near (1904), T S. 187 S AF)

ston may mivazi, He declares that it as his commanding offer, he paid for his pleasure and that he kanse muthing of the allegation of a promise to marry untit the received a letter from her solici for in February 1941.

the

The Ingredients

must

Certain Inferences

re-

Crossfire from the rebels was intensive and the rescue aircraft was hit several times. An R.A.E. armoured car, com- manded

another by

squadron leader, than drove up, positioned itself between the aircraft and the fort and returned the insurgents' fire.

In order to succeed, however, a plaintiff must show that not only did the defendant

fo promise marry her, but that she promised to marry him; for in this, as all other cases.

a contract

It is always difficult in cases ed be mutual. There is, of Poursu. this nature to separate truth from no necessity lo

Betion for more prove the actual

often than 2102 promise in words for the

other the case devolves itself into party's acceptance. of the offer question of word against word may be inferred from the

There are, however, certin ed. rounding circunstances. #13. for ferences which it is permissible to example, the fact that the woman

draw from the conduct of .1 made no objection at the time o

woman to the advances of a man, the offer, and that she permitted | more especially when he happens the defendant to visit her in the capacity of a suitor.

Sur-

to be a comparative stranger, and,

I feel constrained to say that the

It is also necessary for the evi, plaintiff in asking me to beheve dence, in support of the promise. | that a woman would allow ፡፡

the The squadron leader was only survivor of the wrecked air- Caft and he was seriously wound-

Reuter,

CENSUS REVELATION

FACT

to be corroborated by some other strange man to sleep with her for AN INTERESTING material evidence. This corro- | my nights on end without per· | DERIVED FROM THE COM- boration by itself, need not go to mutting intimacy un a quid pro PLETED TABULATION OF THE the length of proving the promise; que basis, his credited me with a A.R.P. CENSUS, PUBLISHED it will be sufficient if it supports lack of intelligence and knowledge | TO-DAY AS AN OFFICIAL RE- the plaintiff's evidence in respect of the world, which I can assure PORT, IS THAT PROPORTION- of the promise, so as to make it her is not justified.

ATELY THERE IS A LARGER appear reusonably probable that her testimony that the was given is true; and it need not necessarily be of facts subsequen to the engagement, but may con- sist of facts prior to it (Wilcox V. Gottrey (1872) 28 L.T. 481).

THAN

I have had unple opportunity NUMBER OF CHILDREN BE- to judge her demeanour and that LOW 10 IN KOWLOON PROMILE

of her witness, in Court, and, in] HỒNG KONG, AND A LARGER the result. I have no hesitation in NUMBER OF PERSONS OVER saying that I do not believe either 60 YEARS OF AGE. of them on the main question in- volved, namely, whether a prom ise to marry within a reasonable time was every made.

These briefly are the considera- tens which must be applied to

the evidence which has been ad- duced by the parties, and in niy appreciation of the position there is only one question to be answer ed, namely

1..! a promis marty ever made by the defen-

dan"

WIN

His Mistress

The report does not, of course, attempt to suggest whether this may be taken to indicate that Kowloon is healthier, or whether it is due to other factors.

more

The case, if I may say so. Is. surd d one which does little or the Although the total population credit to either party, and I think counted in Hong Kong was 709,204 the real truth of the matter I agamst 581.043 in Kowloon, Hong

whatever that

the defendant Kong contains only 8,900 might have said to the pluntil children under 10 thun Kowloon during the period of their so-call- | and only 2,500 more persons over od friendship, it was said for the| 60, sole purpose of entering into ani illicit relationship with the woman, for which, incidentally, she Pears to have been amply reward-

that

It is clear from the evidenc that an iflicit relationship existed between the plantff and deten; dant between the months of July by the man.

For these reasons I hold and September 1940, but intimacy between a man and his mistress The plaintiff has failed to make Cas the plaintiff undoubtedly was) out her clam and judgment with is no evidence at all from which custs will be entered for the de- the court would be entitled 1.1 draw the conclusion that the re- Jationship of engaged PCPROBS existed.

the

What, therefore, is the evidence of the actual Jomise itself? According to the plaintiff, defendant having made violen! love to her in her bedroom late one night remarked 1 love you very much and

if you have

objection I shall marry you.' To which she replied to the

effect

that she did not trust him as she did not believe he would marry a mere dancing girl. Then, appar- ently, the defendant pul.ed her

(the defendant) had a wife. On be.

ndant.

GERMAN SHIPS SHIPS LEFT

ABLAZE

British bombers yester-}

into an adjoining room where he day afternoon attacked asked a Mr. Yim Pung whether he an escorted convoy off the ing answered in the negative, the Frisian Isles, bombing defendant and his concubine re- three turned to the bedroom where the

supply ships of

to have taken place.

following conversation is alleged 2,000, 4,000 and 5,000 Defendant: tons, respectively. These "Now, do you trust me?" Plain- tiff: "Yes" Defendant: "I want to were left burning. marry you." Plaintiff: "When will Shortly afterwards enemy the wedding take place?" Defen- fighters attacked the bombers. dant: "I must consult my elder One of these fighters was shot brother before I can decide on the down and one British aircraft is date." To this the plaintiff missing. says an Air Ministry agreed. It appears that they slept, communique, together that night, but according to the plaintiff no intimacy took place; nor did anything improper take place on subsequent nights (according to her) until about 10 days later when she alleges the defendant told her, "Make your mind easy. I will certainly mar- ry you."

Plaintiff's Witness

Mr. Yim Pong who was called by the plaintiff has stated that

Aircraft of the Fighter Com- mand, continues: the British communique,' yesterday carried out several·

tha sweeps over Channel and Northern Franço, In the course of which several onemy aircraft weza machina- gunned on the ground and one was shot down,

Ships were also machine-gun- ned from a low level.

On the operations one British | 'plane was lost. Reuter.

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