LOAN TO WIFE

Dominion, Volume 24, Issue 225, 19 June 1931, Page 11

LOAN TO WIFE

Purchase of Necessaries HUSBAND RESPONSIBLE Whether or not a third party can advance money to a man’s wife and hold the husband responsible for repayment, even though he had not asked for the advances to be made, and, in fact, may not have known that they were made, was a point of law that came before Mr. Justice MacGregor in the Supreme Court yesterday. It was held that in such a case the law would hold the husband responsible for repayment if the money had been advanced for the purchase of necessaries. The case was one in which Alfred John Severn (Mr. Smith) appealed against a decision given by Mr. T. B. McNeil, S.M., toward the end of last year, when he upheld a claim made by Catherine Theresa Severn (Mr. Crombie), sister of the defendant, for moneys which she had advanced to his wife. Severn alleged that the advances had been made without his knowledge or consent. Mr. Smyth said the magistrate had given judgment against his client because, in his opinion, there had been a course of dealing between Severn and his sister which entitled the sister to pay money to Severn’s wife and;hold the husband responsible for repayment The appeal was made on the ground that no evidence had been put before the magistrate to justify him in finding that there had been a course of dealing between the parties. After considerable legal argument had been presented, his Honour upheld the magistrate’s finding, and dismissed the appeal. '