WITHDREW HIS PETITION

NZ Truth, Issue 1253, 5 December 1929, Page 8

WITHDREW HIS PETITION

Doctor Gow Did Not Proceed Against His Wife

DOMESTIC TROUBLES OF MEDICO

(From "N;Z. Truth^s"' Special Wellington Representative),|HiiwiiiniiiiiiiiiiiiiiiiniiiiinininuiuiHiniiHiHiiiniiHiiinnHiniuiuiHiiniiiHnninniiiiHiiiiinitniium | ' When the Gow v. Gow divorce suit was called for I i hearing before the Chief Justice at Wellington, counsel I | for Dr. John Graham Gow, .the petitioner, asked leave f I to withdraw the petition, the application being granted. I

A FURTHER application was then made on behalf of the wife, Alice Marianne Gow, for leave to withdraw, her claim against her husband for judgment, or alternatively certain other relief, m regard to the sum of £1000 alleged to have been .loaned by her to him. , Dr. Gow is well-known m Dunedin, Levin, Timaru, and Wellington. His wife is also a doctor. In his petition John Gow set out that he married his wife on March 4, 1913, at Wellington, and lived with her at Dunedin, Denniston and Wellington until June, 1917, when he went to the war. On his return, from the Front m j April, 1919,' they haa lived at Trentham and Levin until January, 1926. There were four children. - j He alleged that In February, 1926, his wife and he mutually agreed to separate and this agreement had been m force and \vaa k still effective. / Dr., Gow petitioned for the dissolution of his marriage on the ground of mutual separation. . . , In her answer to the petition Mrs. Gow denied that m February, 1926, or at, any time before that date or subsequent to it, there had been any agreement to separate. She further denied that any such agreement was m force at the time of the petition. v > Concerning the civil action m respect to the sum of £1000, Alice Gow m her. statement of claim alleged that m or about' the month of April, 1920. she -loaned her husband the • sum of £1000, 'but no arrangement, was made as to when the sum "was to be repaid or as to the rate of interest payable. This transaction, she alleged; took place at" Wellington, and her husband had used the sum m purchasing a

house m Kent Street, Levin, placing' the title m- his own name m order to obtain a loan or mortgage from "the Discharged Soldiers' Settlement scheme. ; ';■ Her husband had sold this property m April, 1926, to Dr. Samuel James Thompson, of Levin, the' balance^ of j the purchase money being secured to i Dr. Gow by a mortgage on the house. Mrs. Gow alleged that her husband had not repaid this sum: to her, nor had he paid her any interest. She had demanded repayment and interest, or alternatively that her husband transfer the mortgage to her. . ' V She asked of the court:. (1) Jiidgment for the sum of £1000 with'^nterest thereon from July 1, 1928, at'the rate of £7 per annum; (2) (a) aiMeclaration that the said mortgage';: for the balance now owing thereon is held by the defendant m trust for.the plaintiff and an order that the defendant transfer to the plaintiff the » said mortgage, and (b) judgment m excess., of the said sum/ of £1000 over the balance now owing on the said mern.orandum: of mortgage and interest irpm July 1, 1928, on such excess. Also costs of the action. '■ > ' ";' In an amended statement of defence Gow denied that his wife had lent him £1000, but alleged that it wasgiyeh to him as an absolute gift. \^ He had employed his own money. in the purchase of the Kent Street property^ and admitted that the vtransaction with Dr. Thompson was' as stated by the wife. / . j His wife had made a demand on film for repayment of the sum, but if he" denied that she was entitled to it. He [ relied, if necessary, on. the /Statute, of Limitations. . . ; : ,•;';■; -:.j