HUSBAND LIABLE

New Zealand Times, Volume L, Issue 11435, 3 February 1923, Page 12

HUSBAND LIABLE

WIFE’S DECEIT FOR WHICH MAN AHGHT BE SUED. What Air Justice Lush deeoribed as “an important and interesting point” as to a husband’s liability lor the wife’s tort was discussed in the Bong’s Bench Division. Air 11. AlcNeall, of Blandford street, Paddington, sued Air Frank W. Hawes, a bank clerk, of Charing Crosa, for the return of a life insurance policy held by Hawes as collateral security. Mr Hawes counter-claimed against Air AlcNeall and bis wife for damages for alleged deceit. A man named Holmes, a personal friend of Mr and Mrs AlcNeall, was in financial difficulties, and asked Mrs AlcNeall to lend him money. She gave him some securities on which he might be able to raise money, and he selected toe life poliev on Mr McNeall. The wife at first objected to the poliev being used, but eventually allowed Holmes to take it on the understanding it should be returned in a week or two. The wife also signed her husband's name to a document authorising Mr Hawes 'to hoid the policy as security for a promissory note given by Holmes for a loan of £B7. Holmes afterwards disappeared. It was clear, said the judge, that the wife was never authorised by her husband to part with the doemnent. and Mrs AlcNeall had made heraelf liable for an action for deceit. Her husband also could be sued. Judgment was given for Air AlcNeall on the claim for the return of the policy, without costs, and for Mr Hawes on the counter-claim for £B7, with costa-