The New York herald., 1879-03-03
A HUSBANDS LIABILITIES.
TEST CASE IN THE LONDON CoURTs-How TO
AVOID WIFE ExTRAvAGANcIEs.

TEST CASE IN THE LONDON CoURrs-How TO
AVOID A WIFE ExTRAvAGANcIEs.
LONDON. Feb. 90. 1879.
way has been found in England, in which
husbands may guard against being responsible for
the debts contracted by extravagant wives The
of Howell against Lord Desart. recently tried in the
Queens Bench Division of the High Court of JUS
tice bafore Sir Alexander Cockburn and special jury
has considerable interest 70 married men. The
story is as follows:-Messrs. Howell james sued
Lord Desart for the sum OF fl12. being the bal
of account alleged to be due from His Lord
ship for goods supplied to Lady Desart between De-
cember. 1875, and June. 1877. The noble defendant
denied his liability. 1t stated that Lord
Desart on coming into his title inherited es-
tates so heavily encumbered by charges upon
them for the benefit of relatives that his actual
and tangible income was only s1.ooo year. On his
marriage in 1871 to the sometime Lady Desart $500
II year settled on her by her father for her
separate use. so that their Joint income fl 800
per anuum. 1t was mutually agreed that $500 a year
should be set apart to meet the expenses of their
joint housekeeping. and that her ladyship should
retain for her sole personal use the annual
sum of f400
In q few years the lady. ran into debt to the
extent of $4,000. which heavy sum her father
made arrangements to 'hquidate. fresh agreement
was then come to between the parties. Lady Desart
promsed-so the defendants counsel represented
not to incur any more debts But in September 1875
the first instalment of the yearly stipend of 25O
paid to Lady Desart and in December of the
year she opened fresh credit account with
Messrs. Howell & James. The account. went
unknown to her husband for some eighteen months;
the bills for goods delivered were sent in to Lady
Desart and not to his lordship i'll May, 1876 Lady
Desart paid the firm f25 on account by her own
she paid them in the manner $50
more. In 1877 Messrs. Howell James seem
to have begun to press the lady for payment,
without. however. having recourse to her hus-
band In May. 1873. certain painful circum-
between Lord and Lady Desart at the suit of the
former, and shortly after the divorce Messrs Howell
tion for payment OF the balance due to them Lord
Desart, finding that there similar claims
against him from other tradesmen to the amount of.
several thousands OF pounds, denied his liability.
The action tried by Sir Alexander Cockburn thus
test case
A LEGAL DECISION
The decision of the eminent Justice is thus stated
by the Ddiiy Ne.cs:--'.The divorce made of course
no difference in the liability nor the fact that
Lady Desart had marriage settlement relied on.
But it happened that her allowance had been paid
her separate account and that she accustomed
TO discharge her bills with her own checks--an
arrangement resorted to in consequence of
some previous extravaganza OF hers. This was
garded by the jury, and had evidently been regarded
by the Lord Chief Justice strong if not complete
proof that Lady Desart not entitled to pledge her
husbands credit and that her tradesmen had, by the
receipt of her checks, sufficient intmation Of
the fact. This view Of the was strengthened by
the fact that Lord Desar had never received applica
tions for payment until after the divorce 1t
would appear from this case that tolerably
simple means exist of checking the foibles of an
ex,ravagant partner; the means, namely, of q sep
ara.e account and check book. Nor can this deci-
sion be thought hard on tsadesmen. inasmuch by
the simple process Of sending in their accounts to
the husband at reasonable intervals in any doubtful
case they soon ascertain whether no his credit
as well as their customers is pledged. There
tradesmen, no doubt, who object to this the
ground that it might offend their customers. but in
such case they must naturally take the
quences of their acts, rather of their inaction"
There is naturally great CONSERVATION among
much-trusted West End firms, who are, as the Teie-
graph remarks, "already much exasperated at the
spectacle of the Haymarket and of bedford street
blocked up by carriages and carriage people. who
focking with their ready money to the storcs.'