A WIFE’S LOAN.

Hokitika Guardian, 6 April 1927, Page 4

A WIFE’S LOAN.

MARRIED WOMAN’S RIGHTS. WELLINGTON. April 2. That a chattels security given by a husband to a wife is not interfered with by the Married Women’s Property Act of 19(48 is the essence of an Appeal Court judgment delivered to-day. 'The appellant was Eleanor Haw, a married woman, of New Plymouth, the respondent being the Official Assignee in the bankrupt estate of Charles Edward Haw, a farmer.

The Court held that the appellant was within her legal right in realising her security by sale, and was entitled to retain’the proceeds in payment, protanto, of the amount due to her. I lie wife had taken security for a sum ol money advanced by her to her husband prior to his bankruptcy, and relied upon that security for the satisfaction of the debt notwithstanding the Married Women’s Property Act. which provides that: “Any money or other property of the wile lent or entrusted by her to her husband for the purpose ol any tr.ole or business carried on by him. or otherwise, shall In’ treated as

assets of her husband’s estate in ease of his bankruptcy under reservation of the wife’s claim as a creditor fur the amount or value ol such money ol oiher property alter, but not before all claims of i lie other creditors of the husband lor valuable consideration in money or money’s worth have been satisfied. ’ Default was made by Haw under Die sivuri i ies which he had given, and tinappellant seized the chattels and sold them for a sum which amounted to £|Ot) odd after deducting charges. As appellant seized the stock three days alter the date to which her husband - bankruptcy related, the Official Assignee claimed the money ns an asset in the husband's estate.

The judgment of the Court allowed appellant to retain the £IOO, and ordered the Official Assignee to pay ten guineas costs.