LOAN TO WIFE

New Zealand Times, Volume LIV, Issue 12658, 19 January 1927, Page 11

LOAN TO WIFE

. HUSBAND RECOVERS It ia so rarely that a husband has to sue nis wife for the recovery of raoney lent to .hor that when an action of that kind cam© before Mr Justice Gordon and a jury in court at Sydney, it presented a puzzle which proved difficult of solution. , . However, Mr .Justice Gordon decided in favour of tho huabpnd. William Fieldgatc, manufacturing engineer of Surrey Hilla nued Mh wife, Maud Ella of Yaranabbo road, Darling Point, to recover J 8466, alleged to be due for money lent. About a month ago, Mr Fieldgate obtained a dccreo' nisi for a dissolution of his marriage, which has not yet boon made absolute. For sonio time previous to the filing of the petition, the parties had not lived together amicably. Plaintiff said that before martini relations had become so strained, his wife had inherited some thousands of pounds from her mother's estate in England, ami on the undestanding that she 'would re-

pay him when the legacy was paid over to‘her, ho lent her the money now sue for. Tho defence relied on the legal poinl that a husband could not recover al common Taw money lent to his wife during the time they lived together as mar niiH wife. . Mr Justioo Gordon said the jury ha< found on the aucstion of fact that th< money claimed had been advanced to tb wifo by the husbnnd by way of loan and the qucNtion of law bad been left t him to docide. He found in favour q th© husband, and ordered Judgment i bo entered for him for .£466 4® loi. A stay of proceedings for 14 day* w» eranted.