WIFE’S AFFECTIONS

Sun (Auckland), Volume 1, Issue 15, 8 April 1927, Page 4

WIFE’S AFFECTIONS

COURT ASKED TO RULE HUSBAND CLAIMS £IOO rress Association. WELLINGTON, Thursday. What amount should compensate a husband for the alienation of his wife’s affections brought about by friendship for another man? There are only two such cases on record in the English Law reports. The first was in 1745 and the second in 190 4, although there have been several recently in Canada. In the Magistrate’s Court to-day, before Mr. Hewitt, S.M., such action was brought by Herbert Denham, carrier, of Johnsonville, for the sum of £IOO damages against Louis O. Lebire, another carrier, resident about live miles away. The statement of claim set fortli that the defendant. without just cause, had so persuaded, or enticed

the wife, Olive Louisa Denham, to live apart from him and had alienated her affections so that he was deprived of the benefit of her society. “There is no suggestion of misconduct,” said Mr. Boys, for the plaintiff. The principle of law was, “that if a man enticed another man’s wife to leave him he was entitled to damages.’ In this case the wife did not leave home, but the Canadian cases showed this did not enter into the legal question. Plaintiff was entitled to damages. The only question was the amount. Defendant was a frequent visitor to the house and the wife became estranged from the husband. Defendant, perhaps, caused this unwittingly. After the case had proceeded some time Mr. Hewitt remarked that nothing could be gained by going on with it. and he suggested a settlement out of court, which eventually was done. Defehdant stated he was undertaking not to visit the house again.