CLAIM AGAINST LODGER.

Taranaki Daily News, 31 January 1922, Page 7

CLAIM AGAINST LODGER.

ACTION FOR DAMAGES. LOSS OF WIFE’S SOCIETY. An unusual case, in which a husband claimed damages from a boarder, was heard before Mr. E. C. Cutten, S.M., in the Magistrate’s Court recently. An American subject, Benjamin Henry Herzog (Mr. Jordan), salesman, claimed from a Dalmatian, Ivan Devcich (Mr. Sullivan), laborer, the sum of £25 for insulting trespass and £25 for deprivation of the society and services of his wife, alleging that defendant made a practice of taking plaintiff’s wife out. An injunction prohibiting defendant from living on the premises was also sought. ’ The plaintiff said he and his wife engaged in business in Hobson Street, and were on excellent terms until 1917, when defendant became acquainted with plaintiff’s wife. His wife refused to go to. live at Ohakume, and when he returned he found defendant in the house, sleeping on a stretcher in the diningroom. Plaintiff objected, but his wife persuaded him to allow defendant to remain. Latterly plaintiff had been neglected by his wife in favor of defendant. His wife cooked meals for defendant, and plaintiff was left to get his own. On one occasion defendant said plaintiff was living on him, and assaulted <fiim with a stick.

Cross-examined, plaintiff said ho was known as Professor Duke, and had written. 15 works on astrology. Plaintiff was married before in America, but his wife deserted him, and after 11 years he married again, the State law allowing this. His wife had asked for a divorce, but he had refused. He did not make any allegations against defendant’s character, but he did not want him round the place as a “home-breaker.” Eliza Herzog, wife of plaintiff, said that when defendant first came to the shop her husband arranged to let him have the use of the shop for 10s a week and 30s a week for board. Defendant had been paying this £2 a week to date. The cause of the trouble was defendant asking for the return of a loan. Witness made enough money for herself and her husband. Witness denied having gone out with defendant. Plaintiff signed the marriage certificate :at Ashburton as a bachelor, but later I she read a letter which revealed that he had a wife and child in America. This caused some words, but she was willing to continue as usual with her husband.

■ The case was adjourned until next Tuesday.