LOAN OR GIFT?

Poverty Bay Herald, Volume XLII, Issue 13602, 6 February 1915, Page 3

LOAN OR GIFT?

A WIDOW'S ROMANCE

i,'Per Press Association.) AUCKLAND, this day. At the Magistrate's Court Ernest Maltravers sued Sarah Jane Day a widow, for £100, which he alleged he lent her to pay off a mortgage on one of two houses owned by her. The money, he- alleged, was to be a free gift if they married j if not the money was to be repaid without 'interest. • Maltravers stated in evidence that he met defendant on the waterfront, after which they kept company. She told him she was a single woman and employed as a housekeeper at Parnell. When he visited the house at Parnell he heard her call the man she was keeping house for "Charlie/- to which he objected. She began to , cool off, and finally broke off the engagement' and went to Wellington. He denied having ever threatened defendant with a revolver. Defendant denied that the money was a loan. It was a free gift, and when she received it there was no question of marriage. There had been no date fixed for the marriage. Plaintiff came to the house unexpectedly and asked her to marry him at once, as it would be cheaper. She refused, and he threatened her with a revolver.

Mr Kettle, S.M., said that plaintiff's testimony was the more reasonable of the two. She was evidently a clever woman and he was a fool. The money was a payment to her to become a gift if marriage took place. The marriage had not eventuated, and therefore the gift Avas not complete. The money must be returned. Judgment was given for plaintiff for £100 and costs £9 4s.