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Decisions of the Superior Courts of New South Wales, 1788-1899

Soole v. Cooper [1841] NSWSupC 44

board and lodging - family law - wife, maintenance of

Supreme Court of New South Wales

May 1841

Source: Sydney Herald, 31 May 1841

This was an action brought to recover a sum of money, being the charge for boarding and lodging the defendant's wife, and daughter of the plaintiff, Helen Soole. The defendant was Mr. George Cooper, who turned out his wife about eight years ago, and who had then paid 21s. per week to the plaintiff to board and lodge his wife, but for twenty-six weeks before the present action had been brought, he had forborne to pay the weekly allowance, although when the case was decided by arbitration he became bound to pay it, and within a few days had consented to pay the same.

            For the defence, Mr. WINDEYER contended, that as his client was willing to maintain his wife in his own house, therefore he ought not to be called on to pay for her maintenance in the house of another against his will.

For the plaintiff it was contended that no offer had been made to receive her back, and even if such offer had been made the fact of his keeping another woman would warrant her refusing to go back to him.

            In putting the case to the Assessors, his HONOR said, that there was no evidence of the offer to receive her back, and even if there was, if it was of the kind alleged by the plaintiff, the Court could not, for a moment countenance such a questionable offer.  Verdict for the plaintiff, damages £26, being the full amount claimed.

Published by the Division of Law, Macquarie University