HUSBAND'S LIABILITY

Rotorua Morning Post, Volume 2, Issue 239, 30 May 1932, Page 5

HUSBAND'S LIABILITY

(Press. Assn

successful appeal against judgment for wife's debt SUPREME COURT RULING

i. — By Telegraph — Copyright).

AUCKLAND, Saturday. 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 His Honour, 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 number of weekly allowances of £5 15/-, with which she paid all household expenses and also purchased elothes fo!r herself and! her child. Last Septemher the wife went to Sydney, and she had admitted she would have paid the drapery bill if she had not spent the money on the trip. The Judge concluded that the wife .had never intended to contract the debt as an agent but as a principal. She had never in the past left her • husband any bills in respect of clothing. It was reasonable to infer that the parties had regarded the wife'^ allowanee 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. !