CLAIM AND COUNTER CLAIM

New Zealand Times, Volume LIII, Issue 12391, 10 March 1926, Page 7

CLAIM AND COUNTER CLAIM

WIDOWER AND MATRIMONIAL BUREAU ALLEGED LOAN NOT REPAID MAGISTRATE ADJOURNS CASE % It was alleged that Henry Maxwell, insurance and commission agent, and widower with five children, during la6t year was on very friendly terms with Mrs Evelyn Cownn, a widow with eight children. Tho parties were introduced through the agency of an obliging matrimonial bureau. It was further stated that under the impression that she was a widow of quite considerable means, Maxwell loaned ' Mrs Cowan various sums of money in all totalling £99. Despite promises this money had not been repaid.

Thus were the circumstances detailed by the prosecution in the claim of Henry Maxwell against Mrs Evelyn Cowan for the recovery of £99 alleged * to have been lent to the defendant. A counter-claim of £99 17s 6d was made by Mrs Cowan against Maxwell, alleged to have been incurred for board and expenses of Maxwell and two of his children. Mr E. Page, S.M., was on the bench, while Mr A. J. Mazengarb appeared for Maxwell, and Mr W. E. Leicester for Mrs Cowan. A WOMAN OF MEANS Maxwell, from the witness-box, stated that he had been introduced to Mrs Cowan by a Mr Underwood, who conducted a matrimonial agency. He had just divoroed his wife, and as he had five children he wished to marry again. Mrs Cowan invited him to her residence in Naughton terrace, where he said that she was a widow with eight children. Mtb Cowan said that the children’*! affairs were controlled by the Public Trustee, while she herself had an income of £SOO per annum. In the belief that she was a woman of means witness lent her various sums of money totalling in all £9S>. “I saw nd reason to doubt her word regarding her income.” Proceeding, Maxwell stated that Mr.. Cowan wrote requesting a further loan of £2O, but witness refused the loan, and wrote to Mrs Cowan to the effect that it appeared as if, she had misled him in regard to her financial position. She repeatedly promised to repay the loans but never did 60. “EVERY BIT OF LATITUDE” Mr W. E. Leicester: While your thoughts were lightly turning to love, yon had not obtained your divorce? — Mine was an undefended divorce. You will swear that you only stayed with Mrs Cowan, in Naughton terrace, for one week-end? —I think eo. Twice I stayed at the Hotel Argonne, and visited Mrs Cowan in Naughton terrace. I propose to bring evidence to ehow that Mrs Cowan moved from Naughton terrace to Wright street for the purpose of housing both families. Will you deny this?—Absolutely. As a matter of fact, I would have married her had I been satisfied regarding her financial position. PLAINTIFF’S “SUSPICIONS” Up to what time did you still wish to marry her?—l had a suspicion that she was bluffing me after the first week in December. But you still wrote proposing marriage on December 18th ?—I gave her every bit of latitude that a man could give a woman. I hoped she intended to prove herself an honest woman. I put it to you that the reason you advanced these loans was for the sole purpose of setting up a home together? —That is not right. You suggest that you have paid Mrs Cowan over £IOO in board and in entertainment?—l should think so. Have you one tittlo of evidence that von ever spent this '£loo on Mrs Cowan?—No. I have not. At this stage the magistrate adjourned the case sine die. Tho case will he proceeded with at a date arranged by both counsel and agreed upon by the magistrate.