WOMAN’S CLAIM FAILS

Waikato Times, Volume 127, Issue 21242, 12 October 1940, Page 8

WOMAN’S CLAIM FAILS

PARTNERSHIP BENEFITS COSTS AWARDED DEFENDANT (By Telegraph.—special to Time*?) AUCKLAND, Friday The claim of a divorced wife, Norah Evelyn McDowell, of Morrinsville (Mr Beckerleg) to the benefits of an alleged partnership with her former husband, Percy Alexander McDowell, of Warkwortli (Mr Singer and Mr McCarthy), in his business at Warkworth was disallowed by Mr Justice Smith in a written judgment given in the Supreme Court today. “The plaintiff has not only not proved her case,” said His Honour,

“but the evidence shows that there never was any intention that a legal partnership should exist between them. However, there was a moral understanding for the division of assets based on marital trust and confidence, which could in no sense constitute a legal partnership.” His Honour said it was not irrelevant to note that the wife was a woman much absorbed with religion, but she also had a desire that business affairs with which she was connected should prosper. It was not unfair to say that her attitude toward her husband was that of conscious moral and religious superiority. Her refusal to enter into a partnership agreement was a definite refusal to accept the legal position of a partner, which would have made her liable in respect of her separate estate for the obligations of the Warkworth business. Not Treated As Contract Plainly the parties had had a 50-50 basis in mind at one time, His Honour continued, but they never treated it as a fixed and binding contractual basis, but as one subject to adjustment in accordance with circumstances. The plaintiff’s evidence had been shown to be unreliable in various respects. His Honour gave judgment for the defendant with costs according to scale as on a claim for £I2OO with witnesses’ expenses and disbursements. He certified for £3 3s for the affidavit of documents; for one extra day at £ls 15s, and for two extra days at £l2 12s; for second counsel at £8 8s a day for two days and £7 7s for each of two further days. He allowed £lO 10s as costs of an adj ournment.