BACK PAGES:FAMILY DISPUTES have always taken up a considerable proportion of the courts' time, frequently over wills. This one, heard in Cork from 1878, carried the headline "An Extraordinary Action", and had its origins in a falling out between Limerick cousins over a breach of promise to marry case: The plaintiff was John Gubbins, of Bruff, Co Limerick, and the defendant was Dr Gubbins of Hospital, in the same county. It was an action to recover the value of a grey mare, a side-saddle, and a galvanic battery, together with the sum of £13, alleged to have been lent by the plaintiff to the defendant.
The defence set up was that there was no money due, and that the grey mare and the articles mentioned were given as gifts. The plaintiff and defendant were cousins, and were always very attached friends until recently, when an action for breach of promise of marriage was brought against Captain Gubbins, the plaintiff’s brother. The young lady (Miss Fitzgerald,) in the suit was a sister of Dr Gubbins’s wife, and since these proceedings were taken there was an estrangement between the parties.
The plaintiff was examined, and alleged that he gave a loan of the grey mare to Dr Gubbins to do some work for him, and that he also lent a side-saddle and a galvanic battery. He wrote to have those things returned and received no reply. The plaintiff admitted in cross-examination it was not so much for the value of the property that he brought the action as to give annoyance.
For the defence Dr Gubbins was examined, and stated that the horse was given to him as a present. It was a lame, worthless animal, and was intended for the “kennel”. Mr Gubbins, when giving him the horse told him it had been given to him by Mr Russell, and that he did not wish Mr Russell to know that the horse was given to him. The side-saddle was given to the witness’s wife 4½ years ago as a free gift. As regards the galvanic battery, witness mentioned that he had been attending Mr Gubbins while in fever, and in consideration of this attendance plaintiff gave him £10 and the galvanic battery.
In cross-examination by counsel Dr Gubbins admitted that his wife drove out the grey mare on a few occasions, and that the animal could plough and draw hay. It would not, however, make a useful farm horse. It was sold since the action was brought for £5.
Mrs Gubbins, wife of the last witness, deposed that shortly after her marriage her husband informed her that John Gubbins had made her a present of a side-saddle. She drove out the grey mare on two occasions. On one of these occasions she had to return, as the horse was not able to perform the journey.
Peter O’Brien – Was that the occasion upon which Mr Gubbins drove his car against yours?
Witness – No.
Cross-examined by Mr Johnson – Do you mean to say that Mr Gubbins drove his car against yours? I say that the vehicle in which John Gubbins and his brother were in was driven against my trap. We were driving in the same direction to Knocklong station, and they drove against me. I told them I would hold them accountable for any injury.
“I told them at the station that if we had gentlemen with us they would not have dared to insult ladies or to place them in danger. I also observed that there were “Gubbinses and Gubbinses.” (Laughter) . . .
The jury found a verdict for the defendant upon all the issues.
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