INVOLVED LEGAL POINT

Taranaki Daily News, 1 June 1927, Page 4

INVOLVED LEGAL POINT

RESERVED JUDGMENT GIVEN. By Telegraph.—Press Association. Wellington, May 31. Whether a man who has been legally separated from his wife is entitled to be given credit under a deed of separation tor gratuitous payments made to the wife by a firm for which he has worked for a considerable period, was lhe point at issue in a reserved judgment given by Mr. E. Page, S.M. Rubina Mason, of Otaki, sought recovery from Robert Little Mason of £l7O 3s 4d, balance allegedly due under a separation deed of 1924, which gave the custody of one child to the plaintiff, defendant agreeing to pay or to cause to be paid to his wife £lO 16s 8d each month. It was claimed by the defendant that payments totalling £lBO ( £l5 per month) made by his employers should be credited as money paid or caused tc be paid by him, but it appeared that he had allowed judgment to go by default against him when action was brought when he was allegedly five months in arrear. . Mr. Page said it had been the practice of the company to make payments to the wife in eases of voluntary resignation of employees who had been long In its service. They were, however, entirely gratuitous. By allowing judgment to go against him, the defendant had concluded the matter in favour of the plaintiff. Judgment was given for the full amount.