The New York herald., 1922-04-07
CANNOT PLEDGE
HUSBANDS CREDIT
Wife's Shopping Must End
With Her Fixed AL
lOwance.
LONDON JUDGE RULES
Count of Cathcart Need Not
Pay for Wife's Flop
ing Gowns.

speciai Cable to THE New YoRK HERALD.
Copyright, Ieas. by THE NEW York HERALD.
New York Herald Bureau.
London. April 9.
II is for the husband and not the wife
or a Jury to Fix the scale OF family
life according TO the ruling Of Justice
McCardie In a Judgment favoring the
Earl OF Cathcart In an action by firm
of court dressmakers for eight gowns
supplied to the Countess OF Cathcart
before he divorced her In February.
The action is another sensational
Count and Countess of Cathcart since
she went to France with the Earl OF
Craven. son OF the fourth Earl and
Cordelia. daughter OF the late Bradley
Martin OF New York.
In giving his decision Justice Nc
Cardie said "I fully believe she de-
sired these goods with a view to her
elopment to Deauville with the Earl of
Craven" and gave the Earl of Cathcart
tic judgment with costs.
The Justice. who is a bachelor. went
back to the days of Nero in giving au-
thorities. and his ruling on the relations
between husband and wife included the
following epigrams: Ambiguity is the
parent OF litigation" "A high rank
often indicates a low balance at the
bank" Extravaganza Is not the mark
Of a gentlewoman. profusion Is not the
necessity of honorable rank" "Simpliv-
ity is an essential feature OF useful and
honorable citizenship" "Prod;gality Is u
feminine fault. not feminine neces-
slty.' Authority must be regulated for
the countess as we'll as for those OF
number social scale" When the soci,t
structure is being tested the standard
OF simple laborious life is needed for
national welfare" AN earl can II hs
wishes limit the standard Of his coun-
tess to the extent of shooting lodge
or a suburban bungalow" Il fail to
see any circumstance that would justify
flfty or sixty expensive dresses for n
year wife who has a fixed allow
credit
The Judgment Is Of the highest i'm
portance to tradesmen because It finds
mat q husband cannot be responsible for
debts about which he does not know
no matter OF what rank or In what social
circles the wife moves that maria ge
never gave the wife the right to pledge
her husbands credit without his ex-
press authority" that the creditor
must bear the onus Of proof and that
household necessities, but no more. may
be ordered by the wife under the pre-
sumptive authority given her by mar.
riage."
Gave Quarter NJ SaIavx
The Justice said that II q wife has
fixed allowance her authority to pledge
her husbands credit disappears. The
Earl gave the Countess nearly $4,000
yearly. which is a quarter Of his income
In speaking Of the Countess the Justice
said she had told the Earl before their
marriage she had means Of her own.
which was untrue. adding that she is
extravagant. with no sense OF the value
Of money and no notion Of the rules OF
economy"
Justice McCardie said the points raised
were a constant occurrence and that he
of the law should be generally known.
He added that The Earl had gi- en- evil
dence OF clear and honorable manner
by the WY In which he acce pied all
without the slightest hesitation. He
explained the reason the Earl had given
his wife an allowance was that after
marriage. when he guaranteed her a
bank account Of nearly $1,000. she
spent that amount within ten days and
then came to him demanding more
money.
wife only an Agent.
liberal because although the defendant
10 an Earl he Is not rich. A wife is
bound to her husband only as an agent.
the Justice went on. He agreed with
the ancient law that husband pledges
himself to maintain his wife and find
her necessities such as clothes, meat
and drink. but that "the wife is not to
be her own carver.
He said he was not satisfied that the
eight dresses In question were necessary
for the socitl amnnities Of countess
as ''she already possessed enough dress
es to meet the proper requirements"
The standard Of the countess and her
associates" he added. was false ex-
travagance. which Is not the mark Of q
gentlewoman.
The Countess of Cathca-t, who is
beautiful and socially prominent. created
a sensation last year when she ran away
with the youthful Earl OF Craven, who
lost leg In the war. She was reported
to have won heavily at the tables IN
Deauville.
Our difficult position Is made still
more difficult" is the attitude which
fashionable West End dressmakers take
Of Justice McCardie's ruling that the
wife must not pledge her husband s
credit II he makes her fixed allowance.
They say they cannot ask their Gus
toners about their dress allowance and
that now apparently recourse to the
courts is closed 10 them. They say the
Judgment Is another reason In favor OF
tho abolishment of credit In the dress
making business altogether. They agree
that the decision will bring the greatest
embarrassment to them.
Marie Linden says There Is no way
Of finding out the financial status OF
well known and fashionable customers.
We could not ask husband to tell his
Wf&a's position. Thereby we might make
. friend OF the husband. but an enemy
ef the wife,"
CUT IN MUSIC BOX PRICES.
gam H. Harris announced yeeterda v