1933-08-03 — Page 10

$10

HF CELEBRATED NEWTON

V HARDY CASE

JUDGMENT GIVEN FOR THE DEFENDANT

JUDGE

SYMPATHISES. WITH THE PLAINTIFF

Us Lordship (Bir. Justice Swift) accident for the less of the consortium o judgment for the defendants in of his wife or her husband as the action in which Mr. Florence case might be. But the difference be

the stin Newton, of turney Drive, tween a running-down case and mpstead Garden Suburb, N.W., present action was that

THE HONGKONG. TELBAJNAro... “inUMMASO E

cil

years.

COTTON, WHEAT

were zich people, there was undismayed by that prospect. Ho harresent case, long after August Mr. May imed from Mra, Florence, or Pat, the person enticed was married that bound by the observations of the Lords/Position in life and; if str. and Mra. tion were opened by a Onding for Mira, consorting with his wife.

of Highbury, Jeamond, New-essential part of the present action. action To-upon-Tyne, and her husband, The omnibus driver who ran over

woman in the street did not know Harold John Hardy, of Glendhar Burniston, Scarborough; damages whether, she was married or single, the alleged enticing away by Mrs, and therefore the husband could have rdy of the plaintin's husband, Mr. no cause of action against him or his ril Ramon Newton, a musician. employer.

Another difference was that the Mr. Newton alleged that from the ne of her marriage to Mr. Newton in right to consortium was a right to they lived happily together in the have the hearth and home maintained. ited States and in the United King. That was a right that was infringed m until, in August, September, and by a person who seduced the affections tober, 1 1032, Mr. Hardy enticed her of the wife. If, however, a husband to leave her and alienated his were injured in an accident or was octions from her. Mrs. Newton falaclymprisoned, it did not break the loged that the onlicemont took place consortium. On the husband's return ring those months at Scarborough, to health or liberty he went back to his ewcasle, and in London, and in wife,

17

-

POWER OF ATTRACTION. Turning to the facta, Mr.

Common and stay

4

AND SILVER

Cotton

Opening Range

Closing

Rango 10.47-10.47 10.00-10.58 10.08-10.09 10.78-10.79 10.70-10.76 10.87-10.80 10.80-10.87 11.02-11.03 11.05-11.05 11.19-11.19

11.23-11.23 11.35-11.35

∙10.45

Wheat

Chicago Winnipeg

... 100%

8544

103%

80%

108

01

Bilver

86.25

87.88

38.10

Total sales for the day:

been

WAR' BU.

6,075,000-ozM. (248 Contracts)

ser said that the decisions showed that looking, and as his letters showed, was (supra), which he would have felt that those people drifted into an illicit, the "law as to the right to consortium not a bad lover, "Tiresome repetition bound to follow. It was true that in improper, and Immoral affection for In these is of that case husband was suing for the each other it was greatly to be de entitling the injured spouse to bring of our arguments in the Couroughty, loss of the consortium of his wife, and plored but not to be surprised fr. an action against a third party who no

that in such

This had the effect of alienating caso different argu- A has procured a violation of that right" after reading from some of the letters, the still existed.

"but in malters of love a constantments could be advanced from those Newton's affection from his wife, but LATEST NEW YORK

to pay damages In Salmond on Torts (seventh tirenomno repetition would appear to available where a wife was the plain- Birs. Hardy is not.

- QUOTATIONS · edition),

615, it was stated that bo of the greatest value." In 1938 tit, but it could not now be thought that. There is no evidence that sho there would seem to be no reason why Mr. and Mrs. Newton had been that the right to suo for damages for induced him into that situation any the loss of consortium was limited to more than that he induced her into it. the act of wrongfully inducing a hus-married

Messrs. Swan, Culbertson and Frits "I cannot say which of them. is band I to desert, or to cease to maintain, Bir. Justly for 16

Swift Your case has the husband. The right to consortium his wife should not be actionable at not lived up to its opening. The state was a mutual right of husband and more to blame. Morally, I suppose, have received the following quots the suit of the wife and that that of perfect bliss about which you told wife, and if anyone violated it either they are equally to blame, and I soo tions on the New York cotton and would be nothing more than the ap-mo is not supported by these letters. husband or wife could nus for damages no reason legally for saying that Mrs. wheat and silver exchange for yester

that wrong.

Hardy induced him any more than he day. plication of the general principle that They are rather like the pouring of fort therefore, Mrs. Newton induced her. It is not enough merely ho who procured the commission of a on troubled waters.

allenato Mr. Doughty aald that Mr. Newton could prove her caso she was entitled for a woman to make another woman's wrongful net was liable for its con-

from his was not a ball husband, and his marrl- to succeed. But could she prove her husband leave her, or even to sequences.

Mr. that effection of the husband Mr. Justice Swift enid that, aubject age would have gone on in happiness case? In opening the defence

action she must go further and pro- to what Mr. Hallett might say, Mr. and contentment although there might Hallett had warned him (hia Lord-wife. Before there can be a cause of October

In the March Doughty need not trouble any more on have been occasional quarrels. Mrs. ship) of the danger that would result the question whether the action would Newton was a woman who had had af the floodgates of undesirable litiga-cure or induce him from cohabiting or January lie. He (Mr. Justico Swift) felt

Newton. lle (his Lordship) was quite

without July Newton and his wife wore Justices in the Court of Appeal in scarcely a sum which could be award-

not suggesting what might be the result of his judg- and, although I am the action lay. Place v. Searle (supra) to hold that ed in damages which could adequately not got to think of the future or of doubt cohabiting and were consorting, Spot

compensate her.

Mr. Hallett, replying on the point ment. He had merely to consider the that the lovemaking which was going on might not have been leading up to that facts of the whether the action lay, said

against Mrs. Hardy what happened afterwards, in that September The allegant case. neither Place v. Searle (supra) nor his Lordship and should not be not merely to live with her, nor to nothing to support or prove the cause December

May said that almost every diy Dounty Gray v. Geo (supra) were binding on must be that sho induced Mr. Newton, lovemaking of itself there is certainly October 1032, Mrs. Hardy laited an otel at followed. He referred to Wright v. commit adultery with her, nor to go of action.

her, but to give up Scarborough to which she did not

A HUSBAND'S LIABILITY. cohabitation with his wife and to ordinarily go and became intimate Cedzich (43 Australian

abandon the consortium to which she with Mrs. Newton. If she had wished wealth L.R., 403).

Mr. Ilardy was sued on the principle September JUDGMENT..

was entitled. For the action to sue- to avoid the attentions of Mr. Newton lacen easy

to do so. The

ceed the Court had to be satisfied that that a husband was responsible for December it would have

not Mr. Justice Swift, in giving Judg-Mrs. Hardy lind procured, enticed, or his wife's wrong-doing. That might March Hardys and the Newtons were people who were necessarily drawn to-ment, said that the first question persuaded Bir. Newton from cohabit-be the law. It had not been settled gather. Mr. and Mrs. Hardy lived which arose in the case was whether ing or consorting with Mrs. Newton, very satisfactorily, but it had

They the action lay. Could a married wo and had so alienated his affections assumed since 1884 that it five miles from Scarborough.

But some day there might be an op- were not thrown into any intimacy man suo some other woman who she from Mrs. Newton.

had enticed her with the Newtons.

husband

After Mr. Newton and Mrs.Hardy portunity of reconsidering the authorl.f The relations of the parties were

The point was very in had first met things moved fast, but ties en which that preposition the result of the active secking of Mrs.

and a very difficult one. So there was no evidence that, in June based and, if it were the law, per- In love with Mrs. Hardy, on which Hardy. She deliberately sought Mcs. far as he (his Lordship) knew. It had and July, 1932, Mra, Hardy, induced haps the Legislature might see fit to occasion she had said that she "anw

In the present case one love to her. She might amend it.

A few days later, on October 8, he Gilbertian situation. A married had t Iny

but that ha have been a those two women was Mr. New discussion in the English Courts.

That was

Vas in Gray. V Gee (supra),

different was quite a exton. Mrs. Hardy's deliberate intention books unanimously laid down at in pursuing Mr. and Mrs. Newton was where Mr. Justice Darling held that "getting her, cap any impropriety of) husband. If she had done that, halavidence that Birs. Hardy persuaded at the man. There that she had seduced another woman's Lordship) any that there was any ith her to

to London for a

a week; that

con- to allow him to go on making

love to such an action would le. The ques- was no evidence of

counselled him to do so? Mr. New. greatest or wollery and often referred thereto oriium existed in favour of the wife her. No doubt, after she had crented) tión had 'arleen in Lynch v, Knight an active character on the part of had done her husband the caves ton took another house. The lease

during that period.

that a wife could do. She had wrong r. Newton's hearing; that she took it did in favour of the bus the occasion, he took the more active (9 HL. Cas., 577), and different ex- Mira. Hardy furnished house at 45, Highbury;

pinel, but that did not affect the mat. pressions about the point had been ox. There was no evidence of any induce- outraged every sense of matrimonial had been produced and it appeared

by Lord and Lord ment to Mr. Newton to minke him

propriety

decency. She had ruin that Mrs. Hardy had nothing to do camond, near Newcastle, and invited

ed her husband's married life. And with the taking of that house. Mr. Secondly, there was the precedent Mrs. Newton to facilitate her design

Newton took the house and lived in ir, Nawton to live there with her;

had to consider

for all that he had to pay. in Gray v. Gee nd that she used her ex attractions innde by Mr. Justice Darling in Gray

AN ATTRACTIVE PERSON. nd charms when in Mr. Newton's v. Gee (3) The Times L.R, 429),

was practically unlimited in

If, however, there was a case in it for some time before Birs, Hardy The point was discussed in

The action must be based on what' resence for the purpose of enticing where, in a case which was precisely

"These things happen," said his which excuse could be made for mak-joined him in the V. Butterworth and The earlier events, howover, were Butterworth ftn

the same in Inw as the present, he held away.

lie by a married Mrs. Newton complained that as that an action would esult of Mrs. Hardy'n ontleement her woman against another woman for important compared to what hap- Englefeld (35 The Times L.R., 206; Lordship. "You do not induce a pering the husband pay it was the pre-

pened at the end of August. Know-11020] P., 128), where Mr. Justice son to fall in love with you. You are sent one, because Mr. Hardy had al- happened on October 8, when Mr. Jusband loft her, and that she lost his, enticing His Lordship (Mr. Justice and that she had necused her, Mr. action would not lie. It was also dis- another persan. People drift into aja comparative stranger to him to their been living with his wife. For the is lord for man's ing that Mira, Newton was unhappy McCardle expressed the view that the not persuaded to fall in love with lowed his wife to ask a man who was Newton left the house where he had of time his leaving that house was in conse-

quence of some, advice, soma it she least expects it, a girl finds herself for a considerable amount where nce of it a week, out of which she Swift) was not, of course, bound to Hardy asked Mr. Newton to stay at cussed in the High Court of Australia situation in which, in a moment when home and had undoubtedly left them case to succeed it must be proved that

there from in Wright v Cedzich

toupata not to maintain herself and her three follow that precedent, but he would her house.

lle. 23 and one was hold that the action

being violently protested to by

to the depth of his His Lordship sold that he could not position, some enticement from Mrs. hildren. The plaintiff claimed du-doubtless treat the decision with the September 1 to between

His could infer what

said that he had been young man na

say that Mrs. Hardy induced Mr. Hardy. That had not been proved. ages from Mrs. Hardy, and also greatest respect.

"Sorry as I am for Mrs. Newton," "It seems to be that that was what Newton to stay at the hotel In London Thirdly, there were the observations those dates front what happened on much impressed with the argument of affection. Mr. Hardy as being legally esponsible for her torta.

of the Lords Justices in Pince v. Searle September 23 when Mrs. Hardy and Mr. Hallett, and at ens time had been The defence was a complete denial 148 The Times L.R., 428; [1932] 2 Mr. Newton cane to London and spent of the opinion that the action would really happened in this case. I should with her, any more than that he concluded his Lorship, "badly as she not lie, but Mr. Doughty had con- think that Mr. Newton had very great seduced her. Indeed, the only evid. has been treated, wicked as is the f all the allegations against Mra, K.B., 407), Those observations might the night together at an hotel.

It was not necessary, for the action vinced him that that was a wrong difficulty in refraining from looking eneo was that he suggested it. After conduct of her husband and Hardy. Mrs. Hardy als alleged that be said to be obiter, but they were ex- the statement of claim disclosed no

Justices were framed had overborne

us the antherate view of the to succeed, to prove that Mrs. Hardy view, I favour.

Newton's will. if a wife

nds that two per- cause of

procured, or persuad- son. When one

their homes.

her gratification will be to know, that, No one who had heard the case in another Court, there is ample for the plaintiff; Me Scrutton there sald:-"It seems to be him to abandon his wife, his children, cd to leave the consortium which was sons, meeting in the circumstances t5porating at York, and returning to made out. My relief to know, and 1.1. P. Hallett for the defendants. clear that at the present day a husband and his home. She had a power of common between her and him, she was which Mr. Newton and Mrs. Hardy

family for a long period and the other for Mra. Newton. He (his Lordship) allowance for herself and her children, Mr. Doughty, continuing his argu. has a right to the consortium of his attraction which enabled her to zxer-entitled to recover damages against met, one away from his wife and could have failed to be terribly sorry machinery for her obtaining proper

the enticer. mont on behalf of Mr. Newton, wife, and the wife to the consortium clae an influence over any man.

Mrs. Newton had lost all that, to a Had he not formed that view for living with husband whose main had the greatest sympathy for her and, if there are means out of which

his return that can be paid, she will be paid." agreed that the husband or the wife of her husband, and that each has a

His Lordship entered judgment for a person who was injured in a course of action against third party woman of her age, made life worth himself he would have hold that to be interest was in tunny fish and who when her husband, on street accident could not nue the per- who, without justification, destroys living. She had lost her home. She the law because of the dicta of the took apparently little interest in his home, appeared cooler to her and a son whose negligence trad caused the that consortium." Lord Justice Sles-had lost her husband, who was good Lords Justices in Pinco v. Searle wife or her pursuits-when one finds few days later told her that he was Mr. and Mrs. Hardy, with costs.

per

rlicular that Mr. Kurdy frequently sited the Spa at Hearborough where to know that Mr. Newton was

rming; that she frequently invited

Newton to

to vialt her at kor house) at Invited Mr.

nhe

Newton to

he displayed har wealth and valuable

anucial support, except for an allow

nd

rom

THREE GROUNDS.

tention that Mrs, Newton's acti

was

red."

Counsel said that he based his con- Newton. The only possible bond be only once before arisen for practical him,to make ingtter to her woman was sued because it was said¡ left the house. How could he (hin

on three grounds. First, the

right of action for breach of

No dieta were to be found in any text- book against that proposition.

tween

Mrs. Hardy became friendly with, but what

Mr. Justice make love to her.

and

of encouraging the attentions increasing the affection of Mr. New.

ton.

Не

Was

៦

dally.

rs.

"Mr SIA G. and

Mr. F. W. Lunambiguous language.. Lord Justice She had used her attractions, to induce had been could prove that her husband Hardy is obviously an allraetīvs per· 3 thay went bich agefa to Sky zary 15 Cody yeh bhur har vi d

Beney

enticed,

pro-

his

SALESMAN SAM

|C'MON, FOLKS, BLOW

VERSELVES! EVERY- THING HALF PRICE!

FIREZALE

OF

FIREWORKS

вче

чий

He'll Have a Safe and Sane Fourth

By Small

GOSH! I WONDER IF THAT WASA | || DON'T THINK I GOT STUNG MUCH

PUNK IDEA — BUYIN' CHEAP

FIREWORKS?

ON THE PIN-WHEELS, BUT THE SKY- ROCKETS WERE. PRETTY HIGH!

THIS IS A BANG-UP

NAW! I'M NOW THEN, PLACE TO BUY-1 CAN I SELL YAJA BIG HAVEN'T MUCH MONEY SOME CAPS- TO BURN FOR FIRE-|| AND A TOY

WORKS THIS YEAR! PISTOL? A CANNON!

SHOI- GIMME

RK2

M

WELL, I'LL DARN. SOON FIND

OUT!

BEGU PAT.OFF.

WHOOPEE! THAT'S TH' DOZENTH HEY, YOU! WHAT'S BUNCH OF FIRECRACKERS I'VE SHOT | THE IDEA? THIS IS OFF AND THEY'VE ALL BEEN OKAY! ONLY "TH' SECOND

OF JULY!

3 GANG 12!

BANG

BANG

BANG

BANG

BANG

CING

DON'T I KNOW

IT?

(I'M JUST TRYŸIN' OUT MY FIRE- WORKS TO SEE IF THEY'LL GO

OFF ON TH' FOURTH!

THE RIDDLE GRIDDLE

MERE ARE THREE MORE HOT ONES SAM SERVES UP!

1. WHAT IS INVISIBLE, YET NEVER OUT OF SIGHT? 2. HOW CAN A LEOPARD CHANGE ITS SPOTS? 3. WHAT KIND OF PRESERVES WERE ON THE ARK?

F YA DIDN'T Guess The THREE LAST WEEK,

HERE ARE. THE ANSWERS,

Z. A DIFFERENT TALKER IS BETTER THAN AN IN- DIFFERENT ONE AT A BANQUET- (HA,HA!). 2. A COURTSHIP HAS A COUPLE OF MATES BUT NO

CAPTAIN- COH, OH!)

3. NO TWIGS GO TO THE BUILDING OF A ROBIN'S

NEST -THEY ARE ALL CARRIED! (AIN'T

A BIRD?

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