THE HARDING CASE.

Taranaki Daily News, Volume LVI, Issue 192, 12 February 1914, Page 4

THE HARDING CASE.

MARRIAGE SETTLEMENT SK.T ASI,DE. PROPERTIES TO GO TO CREDITORS. Wellington, Fob. 10. At the Supremo Conrt the Chief Justice delivered judgment in the case which llio Official Assignee in Dankruptcy proceeded against John White Harding, a bankrupt, under a statute of Queen Elizabeth, for an order to be made .setting aside the settlement made by bankrupt on his wife. The action was brought by the Official Assignee to set aside the transfer of two properties made by defendant to his wife, prior to their marriage on November 4, 1911.

His Honor held that the marriage was arranged on a basis of settlement. '"ln my opinion," continued his Honor, ''Harding would not have married her (his wife) but for the fact that he was in financial trouble, and wished to try to save the property that would have gone to his creditors for his own purposes. The settlement doos not provide for the children. If he had been willing to marry his wif? in June, the marriage would have be?n carried out without any settlement."

Judgment was given for plaintiff, with costs as on the, claim for £2OOO with fee for second counsel accordms to scale, and for three days' extra at £l"> 1.5s per day for witnesses' expenses and disbursements, and any interlocutory costs that were reserved. His Honor added that the minutes of the decree would have to be drawn up and approved.