MISS ADA REEVE

Evening Star, Issue 16624, 5 January 1918, Page 9

MISS ADA REEVE

NO PARTNERSHIP WITH HFR HUSBAND. Reserved judgment was delivered by Air Justice Harvey in Sydney on the 28th lilt m tho suit in which Adelaide Marv Cotton professionally known as Miss Ada Reeve' asked, among other things, for a declaration that her husband.. William Cotton had no interest in her theatrical business or company or in the, proceeds of hev< tours: and for an injunction restraining him from interfering with the management ot her company or the business of the tours, except with her consent Alter reviewing the evidence, His Honor said that in Ins judgment the case w-.s essentially one where a person should be guxled by a general, comprehensive vieuot the whole case. The conclusion of thevidence left the impression on his mind that there was no partnership between the parties; and Mr Innes's (senior compel for the defendant) very able and careful criticism of_ ine evidence did not remove that impression. He had read the whole of the evidence through again in the light of counsel's address, and ho could only say that the impression left on his mind had only been strengthened. It was due to Mr Cotton that he should say that the plaint iff and the defendant both impressed him as good witnesses, in the sens° thatHis Honor did not think that either of them had deliberately testified to what he or she believed was untrue ; and he thoughteach desired to be fair to tho other >.cither of them, in his opinion, had a monopoly of the truth. But the manner in which evidence was given enabled the courtto judge whether the witness was deposing to a fact ho remembered or whether he merely deposed to the fact because he thought it probably happened, and he believed it did, while he really had no definite recollection of it. After carefully weighing all the evidence. Plis Honor said he felt no doubt that the real position was that the business carried on under the name of Miss Ada Reeve was Mrs Cotton's business, and that Mr Cotton helped her loyally und to tho best of his ability in carrying on the business, and in relieving her from all unnecessary trouble and worry, because he. was her husband, and not because he had a half or any proprietary interest in thebusiness. The result was"that Mrs Cotton could, at her own volition, if she choose, ssver all business relations with her husband and withdraw the whole management into her own hands. She could. If she chose, ride off with the fruits of the joint labors of their 15 years of married 'life, leaving her husband 'saddled with the debts which he had incurred in her interest at least as much as in his own. The remedy for such an injustice rested in Mrs Cotton's sense of equity and justice—a quality in which His Honor had no reason to think she was deficient. The decree .would be for a declaration and injunction as in the statement of claim, with costs. The defendant's counter-claim was dismissed, with costs.