A FAMILY SQUABBLE.

New Zealand Herald, Volume L, Issue 15331, 18 June 1913, Page 11

A FAMILY SQUABBLE.

LOAN TO A DAUGHTER.

AUCKLAND PEOPLE'S APPEAL.

[BY TELEGRAPH. ASSOCIATION,]

Wellington, Tuesday. What was characterised by counsel in the case as a " family squabble " came before His Honor the Chief Justice (Sir Robert Stout), to-day, when Joseph Edwards and Maud Trout, both of Remuera, Auckland, appealed against a decision of Dr. A. McArthur, given on October 15 last, in favour of the respondent, Amy Louisa Nott, in connection with a claim for £150. Mr. P. Levi appeared for the appellant, and Mr. A. W. Blair, for the respondent.

The history of the case as disclosed at the hearing showed that the appellant Edwards, on July 27, 1910, lent to Mrs. Nott, respondent (his daughter), a sum of £150, which it was claimed was repayable in two years. The respondent left for Sydney, where her husband was in business. She put the money in the business, which did not prosper, and the money was lost. Her daughter, in the meantime, contracted consumption, and at her father's request, Mrs. Nott brought the daughter (who was her grandfather's favourite grandchild) bock to New Zealand. On the return to the Dominion the defendant alleged that her father had made a gift of the £150, so that she could expend it on behalf of the sick grandchild. Legal proceedings followed, and the magistrate found that a gift had been made, and. gave judgment accordingly for defendant. Mrs. Trout, another daughter of Edwards, was joined as co-plaintiff, as the debt has been assigned to her by a deed of gift.

From the magistrate's judgment the plaintiffs appealed, and legal argument was heard as to the point whether or not the money' was/a loan or a gift. The case was adjourned to enable counsel to cite authorities. •