SEPARATION AGREEMENT

Dominion, Volume 11, Issue 210, 24 May 1918, Page 4

SEPARATION AGREEMENT

AN INTERESTING POINT. In n reserved judgment delivered by Mr. W." G. Biddell, S.M., in the Magistrate's Court yesterday, an interesting point was decided in connection with tho civil acton iu which Louisa Mildred Lovien claimed from her husband, Sydney Henry Augustus Levien, the sum of Jia 10s. (id., alleged to havo been duo as rent of furniture ngrood to bo paid to defendant under a deed of separation entered into by tho parties. Defendant counter-claimed for .£l7 10s. (id., being tho amount paid by him for medical expenses incurred by the plaintilf after the parties had been separated. It was contended cm behalf of defendant that under tho deed of separation he was not liablo to pay any expenses incurred by plaintiff beyond tho maintenance allowed under tho deed. For the plaintiff it was argued that tho medical expenses incurred wero tho result of an illness coutraotcd before tho parties separated, and therefore such expenses wore never contemplated by any covonant under tho deed ot separation. Tho Magistrnto hold that defendant was liablo to pay his wife's medical expenses, and that tho covonant in tho deed of separation that tho plaintilf should pay her own expenses alter separation did not extend to expenses for anything (hut originated beforu separation. Judgment was accordingly fciven lor plaiulill on both tho claim and counter-claim, with costs totalling M 4s. At the hearing" Mr. P. \V. Jackson appeared for the plaintiff and Mr. A. W. Blair for the defendant.