The Archive · 1926

Only a Moral Obligation

Although there was undoubtedly 'a moral obligation to support the promise to this woman, neverthe-Jess a mere moral obligation to repay a benefit already received is not a valuable consideration, therefore must come to the con clusion, which I do gret, that there is no valuable consideration to support the contract and consequently the contract is: invalid. The only part of this tract which is valid is the promise to pay certain debts. These debts the defendant has paid and so has performed the only part of the contract which he could be come pelled to perform.

I say I have come to the conclusion with some regret because I cannot forbear saying that I consider the defendant has treated woman harshly. She helped hi when he was in trouble, worked for' him and gave him the best years of her life and then he callously casts her off because he wants to marry some one else, presumably a younger woman, I trust in this case find for the defendant, but I shall make no order as to costs.

Addressing Mr. L. K. Kentwell (for defendant) the Judge said: "T don't know whether you can persuade your client to do anything for this woman."

Mr, Kentwell—t understand that. whilst the case was on he wag prepared to give her $200 so that she could go back to Japan, which was! what she wished to do.

The Judge—Then let hope that he has not changed his mind. It is the least he can do.

Text read from the printed page and cleaned; old type leaves the occasional error.

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