FAMILY COMPLICATIONS.

Auckland Star, Volume LIV, Issue 219, 13 September 1923, Page 8

FAMILY COMPLICATIONS.

A DARGAVILLE TANGLE. THE PRICE OF FREEDOM. SISTER AKD BROTHER AT LAW. Complicated family transactions disclosing a separation and reconciliation between husband and wife, and a financial tangle in which a brother and sister were involved were ventilated at the Supreme Court this morning before Mr. Justice Hcrdman. The mattern involved two separate actions. In the first. Henry Walter Allen (Mr. Johnstone and Mr. Cocker) was the plaintiff, the "defendant being Robert William Cuthhert (Mr. Goulding), his brother-in-law. The preliminary case was of quite a trivial nature, and was soon disposed of by his Honor. "Plaintiff claimed Hint on January 27, 1922. he lent the defendant £200. repay- j nble with interest in April, 1922. The i sum not having been paid, he claimed ] judgment. The defendant denied that the money was owing to Allen, but to his wife Mabel Allen. In the course of the hearing Mr. Goulding stated that every effort had been made to effect a settlement, but the differences were wholly a matter of costs. His' Honor: Cuthbert admits that he owes the money to Mrs Allen. He could have paid it over to her. and she could have settled with her husband. His Honor then gave judgment for plaintiff, with costs. THK SECOND SCEXE. Mr. Johnstone. in drawing the curtain on the second scene, said that, it was a, family dispute. Jlrs. Allen had a violent quarrel with her husband, who was proprietor of the Mangawhare Hotel. She consulted her father, Cuthbert, sen., and her brother, and as there was no prospect of a reunion. Allan was asked to settle f 1000 on his wife, a final and complete settlement. This suggestion was not realised, but eventually Allan agreed to give his wife the hotel, Cuthhert. jun., to manage it for her, and have a third interest in it. for which he contributed £500. An agreement was hurriedly drawn up with the object of carrying out this arrangement, but after a few weeks under the new management, her brother in charge, it was impressed upon her that she had no status in the hotel. Legal advice was sought, and apparently the agreement established her brother as the owner for an amount only onethird of the value of the hotel. "It was a queer result of an arrangement made primarily for the benefit of Mrs. Allan." Mr. Johnstone said. "The case came within-the principles by which it could be contended that Cuthbert. jun., was unquestionably a trustee, and it was an absolute fraud to attempt to hold for himself what belonged to somebody else." HUSBAND AND WIFE RECONCILED. Plaintiff gave evidence on the lines of counsel's address. She stated that she had never received anything for the hotel. She had now become reconciled to her husband, and was living with him again. Cross-examined by Mr. Goulding, witness stated that she was relying on what her father jdid for her. To his Honor: When she signed the document she believed her brother was coming in to help her, and that he was to get something. To Mr. Goulding: Even at the present time she did not know what was in the agreement, or what her interest was. She denied that what she was to receive depended entirely on her own conduct. 'His Honor: I don't want to hear anything of that. The parties arc reconciled. To Mr. Johnstone: She thought her father had done the right thing right through for her. The trouble was with her brother. Her father said: "What 1 lam doing I am doing for you." - THK HUSBANDS STORY. Henry Walter Allen, husband of the plaintiff, stated that he took over the license of the Mangawharc Hotel in 10)9 from Mr. Cuthbert, senior. He paid about £900, including stock and furniture. There was about 12 months' lease to run. Witness added that he would not give his wife .CI OOO to entirely free her, a suggestion made by her father. Meeting the latter later in Dargayille he made overtures for reconciliation, but these were refused. Witness sa.id, "bo you want the hotel."' and Cuthbert. senior replied. "If you were any sort of a man you wonld "walk out and give it to your wife." Witness asked who it was proposed should run it, and Cuthbert replied, his son Bob. Witness retorted '"Very well, hi? will have to pay. -. Witness consulted a solicitor and reported to his father-in-law that Bob was to pay £500 for a third share, his wife to have two-thirds.. Mr. Goulding here asked in what way was fraud going to be proved V—By proving- that the real agreement bettween the parties was not what was stated in the document. His Honor: The whole point now Is that your brother-in-law says he is entitled'to the lot?— Yes. j ■ Mr. Goulding proceeded to cross- ! examine witness as to the revenue from the hotel, with the object of establishing that the £500 was the full value. The document, he contended, was a complete sale at £500. On the basis of the takings being £1000 a year, witness contended that the goodwill was worth between £1500 and £2000. Quite likely it was an inflated value. THE TROUBLESOME DOCUMENT. Evidence of the preparation of the document which was intended to determine the new ownership of the hotel and further free . husband and wife was then given by Thomas Clifton Webb, solicitor, of Dargaville. Allen and Cuthbert. sen., came to his office, and the latter said to his son-in-law. " You have done that girl an injury you can never repay, and I , want to get her clear of you altogether:"". Later Allen came to witness and stated that he had made an arrangement with Cuthhert, sen., for the transfer of the hotel to Mrs. Allen. Cuthhert, sen. and junior. His wife and he. were to separate and he was to get £500. Mrs. Allen was to maintain herself and the children. Nothing was said . about the respective shares in the hotel. I The document was very hastily drawn. '. The agreement was ' not completed. » Witness' firm W2s asked to transfer the lease to Cuthhert senior and junior and not to Mrs. Allen, but refused. ■ Cross-examined, witness stated that Allen was getting £500, and he should have got a release of the obligation to maintain .his wife and children. In wit, nese ojunion this release was' Mrs Allen s contribution in the purchase. I (The case is proceeding.)