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THE CHINA MAIL, MAY 30, 1941.
Husband Held
Held Not Responsible For
Debt Of Evacuee
JUDGMENT IN favour of the husband |was given this morning by Mr. Justice Cres- sall in a case in which plaintiffs claimed the
N.Z.
sum of $30 for goods supplied to his wife dur- PREMIER'S
ing the month of April, 1940.
The case proceeded to trial against the husband as service of the writ has not been effected on the second defendant who was evacuated from the Colony in July last.
Justice;
common
NARROW
ESCAPE
The New Zealand
facts.
Mr said
The allowance given to the wife The Cressull, are as follow: -
was, in my opinion, an ample one
A defendant was The second
for her station in life, and it is sense to say that hand made various! mere customer and
serious and lamentable cash purchases up to February, most 1940. when she opened a cred suits would follow if when a Prime Minister, Mr. Peter
in her own name Ony lane says to his wife "Here Ruit
allowance for your needs Fraser, narrowly escaped 21/4/40 she paid the account up
11894--1 not pledge my serious injury in a specta- bills cular car crash in Egypt husband would 1 yesterday.
an
run
Up
Jorge
to date and then purchased
shes for $23 and two errorf, she were allowed, never- pan
The theless, to of stockings for $7
nothing which the plantiff
more of the second defendant and; compelled to pay. having failed to obtain answers to
fem
three dunning letters addressed to her decided to bring the present action gaitat both husband and wife
Now it is admitted by the plain- tiffs that the husband is unknown to the Arm and that he has never dealt with them. They contend, however, that the wife was entitled to pledge his credit for the pur- chase of the aforesaid urticles. The Best defendant has stated on outh that at the time the debt was incurred his wife was living with him and was receiving a monthly allowance of $450 inclusive 10: cover household commitments and her own personal expenses,
The Chit System
For these reasons I hold that
the plantiffs have failed to make out their claim against the test defendant
who IS entitled Lo judgment with costs.
Malaya Traffic In Boys
He was returning on the Alexandria-Cairo road from visiting New Zea- land wounded when the car turned a somersault.
Mr. Fruser's secretary was seri- Mr. Fraser ously injured, but and the chief of his department, Mr. Berendsen, sulfered only minor bruises.
A senior New Zealand staff officer is suffering from а broken arm and crushed ribs. another staff officer is suffer-
severe shock
Ing from
and
the English driver has broken his thighs. Three of the injured men were
before nung out of the car
It stoppert. Assistance was given African officers by two South
He has further stated that he Mr. A. Creech-Jones who were passing at the forbade her to pledge his credu (Lab.) asked in the House of the accident. for her OWIE personal clothing.
explaining that he did this as a of Commons yesterday precaution against what is known whether legislative steps
Toally as the "chit system” where-
by a person is apparently allowed were being taken in the one might almost say medur- Straits Settlements to
Caged by local shup-keepers to
TUR U accounts against his or prohibit traffic in boys for employment outside
hey signatura
Now while it is well settled
law that where a husband and the territories. wife are living together a pre-
Reuter.
time
DEFENCE IN
BROUGHTON TRIAL
sumption arises that the wife has Mr. George Hall, Under-Secre- her husband's authority to pledgetary for Colonies, replied that his credit for necessaries suitable enquiries by the Straits Govern- to their style of living, the fact ment, in collaboration with the remains that this presumption of authorities in Hong Kong, had authority may be rebutted by shown that since the extension The defence theory in proof that the husband had pro- of the Sino-Japanese hostilities
hibited his wife from pledging to South China there had been the Erroll murder trial in. his credit, It is also clear that traffic of some extent in boys Nairobi is that someone unless his conduct has been such from China ports to Mulaya, jumped on the running- as to create an estoppel between The Straits Settlements Gov-
the car as it him and the tradesman. It is not ernment had decided that
pre- board of necessary for him to show that ventive steps must be taken. slowed down on entering he gave any notice of the prohi- and the Colonial Secretary. ai
bition. Furthermore it should be present was awaiting the Gov- the main road, fired the recommendations.-Reu-shots and then jumped,
remembered that the presumed ernor's authority may also be rebutted ter.
by evidence that the wife was provided with an adequate allowance.
In other words the position
is that a tradcaman who allows at customer oredit, does so
&
his own risk and should there. fore exercise intelligent caution as to the curtomer's means to pay, and, in the case of a mar- ried woman, he should not pre- sume, automatically as it were, that she has the authority to pledge her husband's credit.
Pernicious System
POLICE SERGANT
DOUBTED
and that the car was
*
driverless for a consider-
Lable distance.
This statement was made counsel during cross-examina-
by
the
tion of a pathologist when trial of Sir Delves Broughton on a chage of murdering Lord Erroll was resumed yesterday.
J. A. Hunter, one of Kenya's best-known white hunters, cafed by the Crown, described a safari Sir REMARKING THAT THIS he led last February with WAS THE SECOND INSTANCE Delves and Lady Broughton and IN WHICH HE SUSPECTED A Lt. Dickinson, POLICE SERGEANT OF GIVING
and
Sir Delves was very fit and I say this because in the light
INCORRECT EVIDENCE, MR. cheerful. He shot a lion of what has been stated during
D. J. N. ANDERSON THIS helped pull dead lions aboard the the hearing of this case, it ap- MORNING, DISCHARGED PAN lorry-Reuter, pears to me that the local custom DIN-YING, MISTRESS OF A of trading by means of signing chits for purchases made is 'a pernicious system which deserves the strongest condemnation,
CLOTH SHOP PAT NO, 055) NATHAN HOAD, WHO WAS SUMMONED FOR FAILING "TO COMPLY WITH THE EARLY In the case under review I am
ORDINANCE CLOSING
BY satisfied that any presumption of authority that my have arisen in SELLING CLOTH AT 8.30 PM. the mind of the plaintiff from the ON MAY 19. fact that the second defendant Accused pleaded not guilty.
DERELICT JUNKS
Two burnt out funks lying was married to and living with Sgt. Yu Ping said that he pass about a mile apart of each other the first defendant has been satis-ed the shop about 8:30p.m. and are reported drifting at Lat. 22 deg." factorily rebutted by the testi- saw a woman: and several men in 04 North and Long. 114' 20' -East, mony of the "husband, which I the shop. The woman was bar-approximately.
A burning derelict gunk has # gaining with the mistress. He accept.
may remind the plaintiffs added that he had warned the been reported drifting at Lat. that a husband, as the master in shop the previous night, 22 deg. 61⁄2" "North and Long. his own house, has the right to|| Cross-wxamined by Mr Ander 1114 deg. 201% 19ust while another limit the expenditure of his son, the Sergeant said that he derelict junk, water logged,has wife, and If, as In this case, it warned one of the foltis but not been stor at Lat 22 deg. 81⁄2 North, and Long. 114 deg. 18% East, ‹ is vastablished that he has the mistress,
Accused said that the alleged approximately. actually done so, ha is not liable for any debt incurred by her in customers were friends who came -opposition "to -his-directions.to the shop after 8 p.m.
All the "junks are dangerous to navigation.