PARTNERSHIP CLAIM.

Auckland Star, Volume LXXI, Issue 239, 8 October 1940, Page 8

PARTNERSHIP CLAIM.

BY DIVORCED WIFE.

MOVE FOR A NONSUIT.

Hearing of a claim by Norah Evelyn McDowell (Mr. Beckerleg) to a partnership interest in the storekeeping business conducted in Warkworth and elsewhere by Percy Alexander McDowell, from whom she was divorced some months ago, was continued before Mr. Justice Smith in the Supreme Court to-day, Mr. Singer and Mr. McCarthy appearing for defendant.

The plaintiff continued her evidence in cross-examination by Mr. Singer, and said that she claimed half of the estate represented by the shops in Warkworth and Morrinsville. Her husband obtained a decree absolute on March 4 this year and remarried the same day.

To Mr. Beckerleg the witness said that it was only for about a month of their married life that her husband insisted on counter-signing all orders foi; goods sent in by her.

Mr. Singer moved for a nonsuit on the ground that the burden of proof was entirely on the -plaintiff.

His Honor pointed out that there were statements by the defendant in the course of the divorce that he and his wife were partners.

Counsel submitted that such admissions were not the legal proof necessary and cited authorities to support his submission that mutual help by the parties in married life did not constitute a business partnership unless partnership rights were definitely held out. Xn this case there were business people the parties had dealt with, and others who had lent + .hem money, but none of these were able to come forward and say they had heard of a business partnership. Argument on the point is proceeding.