THE NASH CASE

New Zealand Times, Volume L, Issue 11660, 26 October 1923, Page 4

THE NASH CASE

" ANOTHER CHAPTER ”

HUSBAND SUED FOR MONEt LENT TO WIFE.

PASSAGE-MONEY FROM ENGLAND.

Described yesterday bv Mr G. Toogacd a. 3 ‘‘another chapter" of the Nosh v. Nabh case. recently in dispute at the Supreme Court, a civil action was proceeded with at the Magistrate's Court before Mr E. Rage. S.M.. in which W illiam Ronald Shilhson, of Taunton, Somersetshire, England, sued William Harry Nash, leather merchant, of Fnrish street, for the sum of £154 10, boins tin amount of a loan, with interest, etc., as bet out in the statement of claim.

The statement of claim alleged that about March 17th. 1922. the plaintiff advanced to Maud Mary Nash, the wife of the defendant. £l3O, in return for which he received from her a promissory note, hearing the date, and being payable within twelve months. The ioan was stated to have been necessary to enable Mrs Nash (who wne then devoid of means for tho purpose) to return with her two children to New Zealand to join her husband.. Mrs Nash had no separate estate, and the amount had not ever been repaid hy the defendant. The plaintiff accordingly claimed to recover the amount of the loan, together with interest and cofte amounting to £24 10s.

The defence was that Nash intended to repay the amount ex gratia and on his own terms. He denied liability, and a nonsuit was asked for on the grounds that the loan was unnecessary, and that Mrs Nash had pledged her own credit and not her lmsband’s. Lengthy legal argument here followed, which occupied most of the afternoon. and at the conclusion of the plaintiffs case Mr Hoggard moved for a nonsuit, at which point the magistrate reserved decision.