CLAIM DISALLOWED.

Waikato Times, Volume 121, Issue 20277, 20 August 1937, Page 9

CLAIM DISALLOWED.

QIFTB TO FIANCEE. MAGISTRATE’S RULING. (By Telegraph.— press Association ) WELLINGTON, Thursday. Holding that a suitor Is not entitled to maintain an action to recover money or other gifts given to his flanceo unless he proves that they wero given conditionally on the marriage taking place, Mr J. H. Luxford, S.M., to-day ( gave judgment in an action by a man against the father of his fiancee. The circumstances were unusual in ( that the girl became afflicted with a ’ serious complaint, from which eventu- ] ally she (lieu. Plaintiff paid various , i siims to her while they were engaged I l to enable her to buy comforts while j she was undergoing treatment at aj < sanatorium, and to take a trip 1o i Samoa. After she left the sanatorium ] f she died Intestate, but the estate com- i prised £IOO payable under an insur- ] anoo policy and £IOO in the Post Office Savings Bank. The magistrate took the view that he need consider no defence further than that above. He mentioned that some gifts made in contemplation of the marriage were conditional gifts; for Instance, the engagement ring; but j the gifts made by plaintiff did not come within the class.