HIS OWN BANKER.

Star (Christchurch), Volume LXVI, Issue 20364, 23 July 1934, Page 7

HIS OWN BANKER.

Humour During Maintenance Case. A RESPONDENTS MONEY. A case with several amusing interludes was heard before the Chief Justice when a Hastings resident applied to the Supreme Court for an order against a Wellington restauranteur for permanent maintenance for herself and the sixteen-year-old adopted daughter of the marriage. The applicant was represented by Mr R. E. Pope and the respondent by Mr G. I. Joseph. The respondent was called on to give evidence as to his means. To Mr Pope the respondent admitted that he had £IBOO in the Post Office Savings Bank. “ I made most of this in a restaurant in Opotiki,” said the witness. “ You must have worked very hard,” remarked his Honour. “ I had to fight for my life sometimes with the Maoris up there," replied the witness, who stated that he had purchased a motor-car in 1921 for £625. “ The plaintiff says that it is worth £2so,’’ said Mr Pope. “ It's not worth £50,” replied witness; then to his Honour: “I’ve got it outside if you'd like to see it.” His Honor smilingly refused the invitation. Witness went on to state that he did not have a bank account. He carried on his business on a cash basis. He put the takings in a bag and paid out each week. There was now about £ll in his bag. His business was losing money. “ Do you still carry a large amount of money with you?” asked Mr Pope “ Yes, I use it for a special purpose,” was the reply. “ How much money have you with you now?” asked counsel. Witness hesitated. “ I’m not sure,” he said. “ I haven’t looked for a couple of months.” How about looking now,” suggested Mr Pope. Contents of a Tin. To the surprise and amusement of the Court, the witness unfastened his trousers and groping, produced a safety pin, groped again, and pulled out a tobacco tin. He placed this on the edge of the witness-box, changed his glasses, and. opening the tin, produced a wad of notes, which he began to count. “ Ten, twenty, forty-five .... seventy-five pounds,” he reported. “ Then there are four or five sivereigns and some pieces of jewellery'.” “ My client appears to be a Central Reserve Bank, your Honor,*’ remark* ed Mr Joseph. (Laughter). V. hat is that wrapped up in paper?” asked Mr Pope. “ It's an engagement ring I’ve had for about thirty-five years,” sighed the witness. A sovereign fell to the floor and a constable retrieved it and handed it to the witness. The witness thanked him effusively. In addressing the Court, Xfr Joseph stated that the applicant had deserted husband in 1931. I n Februarv, 1934, the respondent had divorced his wife on the ground of failure to comply with an order for restitution of conjugal rights. It was significant that the applicant had managed to support herself since the date of her desertion, and it was obvious that she was not a destitute person. The Court rarelv made orders in these cases and Mr Joseph submitted that no order should .u ln this a PPhcation. As far as the child was concerned, she was nearly seventeen and could probably earn something towards her keep If an °, rde ; * as made in her favour it should be a small one.

His Honor decided that the applicant had failed to prove her case, and dismissed her application. A maintenance order was made in favour of the chcild at the rate of 10s a week until she becomes 21, and £5 5s costs with disbursements were allowed the a plicant.