A HOSPITAL MAINTENANCE CASE.

Temuka Leader, Issue 2082, 7 August 1890, Page 4

A HOSPITAL MAINTENANCE CASE.

At tbe Resident Magistrate’s Court, Tiraaru, on Tuesday, before C. A. Wray, i£e<jv, R.M., the case of tbje S.Gv Hospital and Charitable Aid Board v. Maria Fitzgerald, claim £74 15s fcjr the maintenance and treatment of her husband in the Timaru Hospital,, was commenced, Mr C, fcjr the plaintiffs and Mr Raymond for defendant. I

The claim was for the cost of treating defendant’s husband iq the hospital ojn two separate admissions, be suffering from hip disease and tumors, Mr Cj.'; Perry explained the circumstances out; of which the claim arose, Williatb Filzgerald, a farmer in the Geraldine district some years ago, married |a woman who then had no property, blit through his efforts and other means, Mrs Fitzgerald is now possessed of'a considerable amount' of freehold property, that is, the property is in her name. The pair did not live happily, together, and some time in 1888 the husband left his home and went t'o work in the Habateramea. After b> had been there some time he beard, something about his children which iejd him to return heme. A few months, after his return home, in May last year, ' be was taken seriously.il! an! went to the hrspital. Before going ho gave to his wife the mon°y he had earned whilst, away, about £3O. The only property he then had was about £IOO, which he had placed in the hands of the Bey.; Father Bowers, at Geraldine, to place in a bank for him, and £4B he bad placed in the hands of the Rev. Father Ireacy. Mrs Fitzgerald came frequently to the hospital to see her husband, and hdr, constant cry was for the money husband had so put away. About the middle of August he was very ill, so ill that be was considered to be in a dyin|g state, and a priest, Father Binsfeld, was sent for to administer the rites tor p: dying man, Mrs Fitzgerald was there at the lime, pressing her husband to give her his money. FTzgerald, believing he was dying, determined to let her have the money, Up' to this time bis wife did not' >kndw bow much he bad nor where it was. Ho gave her the written,orders necessary to get both sums, and Father Binefiald witnessed them, but before doing so made it a condition that any debts Filzgerald owed should be paid, out of the amount, Father Bowers was; at this time in Ahaura, and he sent {a.-, cheque on the bank for the amount he had ’ deposited for Fitzgerald, Thecheque 1 was payable to Fitzgerald, or his order, and his wife, or some' one for her, placed his name on the back, and drew the money in October. Fitzgera'd got. better and* left the hospital at the.end of that month, and went home. He was a cripple, however, and unable to do anything (he suffered from hip disease), and he could not remain at home, AH kinds of threats were made against him, by bis wife and a man on the place, so that ho was obliged to leave and go and live at Terauka. In January la-it he had to return to the hospital and had beeq there ever since. Mrs Fitzgerald was in possession of all the property and of the £l5O. She had been applied to for payment of the hospital charge?. She refused to pay and the board took an assignment of Fitzgerald’s interest in the money, and brought this action to recover a part of it—as much as was due to them at the date of the summons. The plaintiffs say that the gift of the money by Fitzgerald to his wife was made in contemplation of death j gifts made under such circumstances if the giver recovered were void, and the giver would be entitled to recover money or anything else so given. The board under i the assignment of this interest were now entitled to recover in his stead. Plaintiffs also say that the money was given under the express condition That Fitzgerald’s debts should be paid out of it, and before his wife could retain any of it she must perform that condition. At that time there was about £3O due to the hospital, and on this aspect of the case plaintiffs sought to rehovhr that amount. ' On the other aspect of the ease they claimed that the whole gift was made void by Fitzgerald’s recovery, and that as his assignees they were entitled to recover the whole amount due up to the date of the summons. Dr Lawson was examined as to the treatment of Filzgerald, and the Rev,. Father Binsfield gave evidence as to the order given by Filzgerald for the payment of the money to Mrs Fitzgerald. He would not have signed the Order as a witness had not his stipulation that all debts were to be paid out of the money been agreed to, and he thoroughly understood that the hospital account was included in the debls, W. Fitzgerald deposed to bis wife having no property when he married her. He bad been a farmer at Orari, but was novy in the Tiraarn Hospital. s He had been separated from his wife for six months before he went to the hospital. He then had £3O earned at Hftkateramea, and £IOO, the proceeds of sheep sold off land leased from Mr LeCren, for which the rent bad not been paid. He put the money into the priests’ hands, and when he thought he was dying gave an order to bis wife to get the money from the priests. lie said he owed between £6O and £7O. Was sure he was told he could get his money back if be got bis health, and had applied to his wife for maintenance, Mr Raymond sketched the evidence be intended to call. He would show that Mrs Fitzgerald bad a considerable sum of money on her marriage ; that on account of the conduct of Fitzgerald his wife had to get a protection order ; that at Fitzgerald’s bankruptcy in 1884 the ,

whole of the property was ;in his* wife’p name ; that she carried) on the farm for the benefit of. herself family ; ibai all of ithe £l5O was really ‘ her own ; that she paid all charges on the land t; that Fitzgerald -.eatrepliiionsly took the sheep mentioned and sold them 1 ; tha'l he avoided 1 LeOren’s claim for rent, and shortly ; after the sale of sheep :away j'that the, money she asked* getaldifor in the hospital was absolutely her own inoney land:: WBB'Teturnedito her Witbdat'anycphditioriWbatevervnFurlher' he .wonld-pro'yeabat althongh Fitzgerald had consulted a/lawydr, he had never yeti asserted his claim to have the money giv(en to'hislwife)ret'afned, this evidence from him being, the most'cog' nt imaginable in biSiwifels nothing had been said ! of the'present claim until Fitzgarald'Was 1 ' approached by the iHbipital ‘Boeird. ilf there-was an : agreement to pay anything at the'time the gift* wajs made,./ it t was' only!' a t small': amount. There 'Were:twd essential meafbingt t,o the "gift* (1) That >it was made When Fitzgerald ' was') in s >’ extremis, .fn" contemplationl of* deitthi ; and' (2) that' the agreement alleged 'ff)phavb ! been* tjo'tfaje to regarding *l,t he payment of 1 debts was only 'to be operative' in the' event of death occurring’ IfFiizgefald rbc'bVerejd it Was to be 'of ho ' aV’sf 1 , 1 ‘ ! lh ! at position was clearly"established' by ! Fi Zgerald’s ViWh evidence; ; and he 'faiiled'M'b 'jjrnve that on' hifef recovering the money was to be returned to him. 1 ’ ’

Margaret Collins deposed to seeing Fitzgerald sign the orders for ■ the money,* which .Were taken'to the hospital by’Mrs ‘Fitzgerald. Nothing was said about' the payment' of accounts or the returti’bf the money to him. U; 1

1 ’ The ‘case °was then adjourned until ruesday'n'extl m! Hlh :i 1