Article image
Article image
Article image
Article image
Article image
Article image

BUSINESS FAILURES.

CASES IN BANKRUPTCY. APPLICATIONS FOR DISCHARGE. A sitting of tlie Auckland Supreme Court to deal with 'bankruptcy business was held by Mr. Justice Cooper this morning. Mr. W. S. Fisher was present as Official Assignee. FULLY EXPLAINED. William James Cook, formerly a contractor at Dargaville, applied "for his discharge, and under examination etated that he was now earning 10/ a day, and, with four children and a wife to" maintain, was unable to make any offer. The Official Assignee indicated that creditors were disappointed at bankrupt having disbursed some comparatively large sums shortly before his adjudication amongst a few to the exclusion of others. The debtor explained the distribution of various sums of £61, £25, £22 and £45, and -his Honor considered the explanation full and satisfactory. Debtor had been ill for six months, and under the circumstances 'he saw no reason for suspending the discharge, ■which was accordingly granted. A PARTNER'S DUTIES. The application of George Anderson, plumber, of- Tauranga, was not opposed, but the Official Assignee remarked that the bankrupt did not appear to fully realise his responsibility. He was in business with a partner and had been victimised, but still responsibility was cast upon him of seeing that the business of the firm was carried on along reasonable lines. It was etated that debtor and Ms partner had been prosecuted for alleged breach of the Act, and the first-named was acquitted without a conviction. The discharge" was granted to take effect at the expiration of one month. A FORCED SALE. An application from Frank Summers, farmer, of Taneatua, was opposed by the Loan and Mercantile Agency Co., on the ground thai there had been incompetence and want of energy shown in the conduct of the farming activities. It was stated that the debtor started fifteen years ago ■without capital and on borrowed money, and filed in 1012 with debts amounting to £1,895, and assets £8. Money was lost in the estate through debtor building on native land to which he had no title. The Loan and Mercantile financed the bankrupt, and were secured creditors, but after realisation the shortage amounted to £900, on which the dividend had been 5Ju. in the £. His Honor: It may 'have been a forced sale. Council: I believe it was. His Honor: Well, you must have some other ground. Because at a forced sale your security does not realise the indebtedness, there is no reflection on the conduct of the bankrupt. There must be some good ground upon which I can act, and there is none with the exception of a suggestion by the Assignee in his report that debts were incurred "when bankrupt mus.t have known ihe was insolvent.. Counsel urged that the incompetence displayed was good reason for opposition, but his Honor pointed out that the Loan and Mercantile got the whole of the assets, and the shortage in a forced sale was not the fault of the debtor. The Assignee remarked that the creditors had taken no interest in the 'bankruptcy, and a good deal of sympathy was felt for the bankrupt's family. His Honor asked to be supplied with more information, and adjourned the application. WANT OF CONSIDERATION. The Assignee reported in connection with the petition of Allan James Thorburn, storekeeper, of Opotiki, that the credit-ore had not taken up a definite stand, but there had been shown a great want of consideration for the creditors. After giving up hie store the debtor went into the back country, and involved creditors in a good deal of expense in getting him to file. Besides he had considerable debts at the Thames before starting at Opotiki. Bankrupt appeared to be careleee in business. The discharge, being unopposed, wae granted.

A CHINESE ESTATE. Jim Wong, who started in the fruit business with a partner and a borrowed capital of £125, in February of 1913, and a>t the end of thTee months filed with debts amounting to £240, put hie failure down >to having to cut prices to compete with a business close by. Ho denied that he neglected 'his business or lost his money at gambling. Mr. Singer, who opposed the application on behalf of creditors, poirtted out that the purpose of the last adjournment was to investigate a letter purporting to show that <labtor had sent £100 to his father in China. Bankrupt claimed that ho had sent only £10, and the suggestion was that the letter had been tampered with for some ulterior purpose. Mr. Skelton, for bankrupt, said the letter had been submitted to a local resident who was interested in Chinese matters, and 'his opinion was that there ■was a strong suspicion that the letter had been interfered with. Mr. Singer: Can he read Ohi-nese? I am given to understand that the interpreter and very few Chinese even can read. Mr. Fieher: I do not think he can. Bankrupt stated .that lie gave his brother a cheque- for £10 to send to China, and his Honor remarked tlmt more information should be available. The application was adjourned to enable further inquiry to 'be made. UNOPPOSED. The application of David Samnel Thorburn, restaurant keeper, of Opotiki, and of Frederick (William Beale, commission agent, of Auckland, wera recommended and granted. The next sitting of the Bankruptcy Court was fixed for May 4th.

This article text was automatically generated and may include errors. View the full page to see article in its original form.
Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/AS19140209.2.44

Bibliographic details

Auckland Star, Volume XLV, Issue 34, 9 February 1914, Page 5

Word Count
885

BUSINESS FAILURES. Auckland Star, Volume XLV, Issue 34, 9 February 1914, Page 5

BUSINESS FAILURES. Auckland Star, Volume XLV, Issue 34, 9 February 1914, Page 5