APPEAL ALLOWED

Southland Times, Issue 21715, 30 May 1932, Page 6

APPEAL ALLOWED

HUSBAND NOT LIABLE. SUPREME COURT DECISION. (Per United Press Association.) Auckland, May 28. The liability of a husband for debts incurred by his wife was the main point at issue in a Supreme Court appeal case in which judgment was given to-day by Mr Justice Smith. A drapery firm sued a man for £9 16/4 for goods supplied to his wife and obtained judgment, but the Supreme Court has now allowed the husband's appeal. The Judge said that for a long time prior to the purchase of the goods the wife had had a regular weekly allowance of £5 15/-, with which she paid all household expenses and purchased clothes for herself and child. Last September the wife went to Sydney and she had admitted that she would have paid the drapery bill if she had not spent the money on the trip. The Judge concluded the wife had never intended to contract the debt as an agent but as the principal. She had never in the past left her husband any bills in respect of clothing. It was reasonable to infer that the parties regarded the wife’s allowance as sufficient and that was a good defence where no question arose as to the wife being an agent of necessity. The appeal was allowed with £5 5/- costs.