SUITOR’S FRAUD

Grey River Argus, 20 June 1942, Page 3

SUITOR’S FRAUD

NOT GROUND TO INVALIDATE MARRIAGE.

WOMAN’S PETITION FAILS.

p.A. AUCKLAND, June 19. A petition made before Mr Justice Callan, at the Supreme Court on Monday, by Elsie Eleanor Hare, otherwise Miller, for nullity of marriage with Samuel Henry Coley, otherwise Miller, on the ground of fraudulent ' impersonation by respondent, came before the Court today for decision. Petitioner’s counsel, Mr King, said upon appropriate tests being made regarding the authorities he intended to quote, he found himself confronted by a House of Lords’ decision that a valid contract was made when a person, even though fradulently assuming the name of another person, himself, dealt in person with another. Counsel said that having regard to the view expressed by His Honour, at the hearing, out of his wider experience of the law 1 , he did not propose- to take the matter further.

Mr Justice Callan, after mentioning various decisions in such matters, said: "I have a clear opinion that this is a case of real consent, though induced by fraud. Petitioner truly consented to marry l a human being, to whom she was married by the Registrar. It,was true he was married under the name of Michael Miller, an Australian boxer, whereas in truth he was Samuel Henry Coley, a New Zealander, and not a boxer. I am satisfied that Michael Miller, as a human being, meant really nothing to this lady. . What she was interested in was this man before her, who after a very rapid courtship proposed marriage, and she accepted, believing his prospects were ample for supporting her .n a good way in a married state.” His Honour added that to gran nullity would establish a very undesirable prededent. and the petition would be dismissed. He added that petitioner had every reason to be grateful to her counsel for the time and trouble taken in trying to do something for her.