DEBT INCURRED BY WIFE.

New Zealand Herald, Volume LX, Issue 18566, 26 November 1923, Page 10

DEBT INCURRED BY WIFE.

HUSBAND RESISTS CLAIM.

NOT LIABLE FOR PAYMENT.

A husband's liability for a certain debt incurred by his wife was a point at issue in a case in which judgment has been given by Mr. W. R. McKean, S.M., in the Magistrate's Court. James Littler (Mr. Inder), sued James Williamson (Mr. A. Moody) and Mrs. Mary Williamson (Mr. McLiver) for payment for groceries -.applied to the. latter. Liability was denied by the husband, and his contention was upheld. In the course of his judgment Mr. McKean said that two years before the goods were supplied the husband advertised in the papers that he would not be liable for any debts incurred in his name. When this debt was incurred he was allowing his wife £3 a week. The magistrate also said that the wife lent her husband £9 16s 4d about the time that the goods were obtained, whioh was evidence that she had the money with which to rny. It had been decided by the King's bench that a person who deals with a married woman does so, in so far as regards his remedy against the husband, at his owi risk. The burden of proof was on the creditor. Mr. McKean held that the allowance of £3 a week was intended to cover the necessaries supplied. He _ said it appeared to have been sufficient and the husband had no knoweldg© of the debt until 12 months after it was incurred. The plaintiff could not, therefore, recover against the husband. Judgment for the amount claimed was given against Mrs. Williamson. The husband was allowed costs.