An Interesting Case.

Taranaki Daily News, Volume XLVI, Issue 136, 13 June 1904, Page 2

An Interesting Case.

HUSBAND AND WIFE AT LAW. A case ot considerable interest to married people was heard In Auckland, in Chancers, by Mr Justice Edwards! Ail action was brought by Andrew Fleming, on elderly retired gentleman, of Onehunga, for his Honor to dotennino utwler the Married Woman's Property Act of 1884 whether the sum of £4s!i 18s 9d lying at the Bank of New South Wales at Auckland -at Mrs Fleming's credit ibelongvd to him or to his wife. It appeared that plaintiff mado defendant's aci/aaintnnco ill 18W9, and they became married. The wife possessed considerable wealth in house property. The husband's property was less extensive, and was confined to the sum of £l5O out on mortgage, in addition to some mining shares ami an insuranco policy on his life. Shortly after the marriage Mrs Fleming suggested that his £'lso, which was bringing 7 per cent, would pay belter if invested in house property, lie accordingly gave the mortgagor' notice of withdrawal. The money, however, was not paid to him for some timo mid in the meanwhile some houses in Homo street were bought by Mrs Fleming on the understanding, so tlio husband alleges!, that as soon as ho received tho money the property should bo transferred to him, A trip to England was thua proposed by Mrs Fleming, but objected to by her husband on tho ground that he could not spare the money. She Raid she would "shout" for both, and tho trip was accordingly taken. After their return, the paying off of tho mortgage gavo the hutfbund possession of his £450, and he immediately paid in tho whole sum (o Mrs i'leming'H banking account. Mrs I'leming, it was did not keep her part, of the bargain, and the husband neither received buck his money nor obtained tho houses'.

Mrs Alice Sarah Fleming denied that, there was any understanding that Mr Fleming should get the Home street property, and stated that tliQ £453 18a Ud in dispute was a gift to her by her husband as his share towards their cost of living, and toward the cost of the trip to England. This trip with purchases niade by her, cost £7OO.

J lis Honor gave judgment for plain ' n "' (l ordered Mrs Fleming to re pay to her huKh'aml the sum of £'lso with twenty-si.* guineas Costs.