A CASE-BETWEEN HUSBAND AND WIFE.

Otago Daily Times, Issue 12991, 4 June 1904, Page 10

A CASE-BETWEEN HUSBAND AND WIFE.

(Pee United Pnras Association-.) • AUCKLAND, June 3. A case of great interest to married couples was heard in Chambers by Mr Justice Edwards. The case consisted of an action lirougiiL by Andruw' ii'ii-iniug, an eiUiruy retired gentleman, of Onchunga, for liis Honor to determine, under the Marri-.d Woman's Property Act of l&W, whether the sum of £453 18s 9d lying in tho Bank of Now South Wales at Auckland, at Mrs Fleming's credit, belonged to him or his wife. . In evidence for tho plaintiff, it appeared that plaintiff made defendant's acquaintance ill Jso9, and they became marvied. The wife, possessed considerably wealth in house, property, but tho husband's properly was less extensive, and'was con-' fined to the 'sum of £450,"0ut on mortgage,' in addition lo some mining shares and an insurance ppliey on his life. Shortly after marriago Mrs Fleming suggested that hie £450, which was bringing 7 per cent., would pay better if invested' in houso property. He accordingly gave the mortgagor notice ot withdrawal. Tho money, however, was not paid to him for some time, and, in iho meantime, some houses in Howe street were bought by Mrs Fleming, oil the understanding, the husband alleged, that as soon as ho received'his'money'the property should be transferred lo him. A trip to England was then proposed by Mrs Fleming, but objected to by her husband on tho ground that he'could not snare tho money. She said she would "shout!' -for lioll> and ilu> trip was accordingly taken. After their return, paying off tho mortgage gave the husband possession .of his £450, and ho iimnedi;it?lv paid in.tho sum to Mrs Fleming's banking account. Mrs Fleming, it was alleged, did not keep her part 0/ the bargain, and the husband neither received back his money nor obtained the house. Mrs Alice Surah Fleming denied thai there 'was any understanding that Mr Fleming ' should get the Howe street properly, and stated that tho £453 IPs 9d in dispute wa'i a gift to her by her husband as his share toward their cost of living and towards the cost of the trip to England. This tri'i. Willi purchase , ., made bv her, co?t. £700.- His Honor pave judgment for plaintiff, ami ordered Mis Fleming to repay to her husband tho sum of £450, together with 26 guineas costs.