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ASHBURTON— WEDNESDAY.

PUBLIC EXAMINATION Bt James LyoD.«— Apt Jication for publio examination.— Mr tiuthberteon for oertaio creditors, Mr Crisp for bankrupt. -The ohargea formulated by the creditors were that the bankrupt incurred certain debts at a time when he had no reasonable expectation of paying the same ; that be had not kept proper booke ; that his bankruptcy was partly attributable to extravagance m living; that he had obtained credit under false pretences ; and that he had put one of his creditors, Robert McOallum, to unnecessary trouble m recovering a debt, by setting up a frivolous defenoe.— Mr Crisp maintained that the first charge was not properly laid, inasmuch as particulars were not given.— His Honor said that the debts should be specified — Mr Crisp said the same objection applied to the third charge, that the debtor had obtained credit by means of false pretences. The items were not specified as they Bbould be.— lt was ultimately resolved that the case for tha creditors should be takes, and, if necessary, the bankrupt should then be granted an adjournment. — In reply to Mr Crisp, the counsel for the creditors stated that the debts the bankrupt was charged with having incurred without reasonable expectation of paying were : — Lublow, £6 10s; Nokes, £1. The third obarge, that of obtaining credit by false pretence?, referred to the claims of Lublow £6 10s, and Oudsell £3. -—On Mr Cuthbertaon'e opening Bis Honor held that the charge of false pretences, and that of unjustifiably putting a oredltor to expense oould not be sustained. —His Honor said that it appeared the only ohage against the bankrupt that was worth going into was that of having no reasonable expectation of paying his debti.— After a good deal of argument between counsel Mr Outhbertson called the bankrupt, Jas, Lyon, who said that he worked at L&gmhor for two years at £1 per week and found. He lived m town for some time m a house rented at 5s per week. He then rented a house and ten acres of land from Mr McLean at £20 per year. He bought seed and put toe land m crop. He paid one quarter's rent, amounting to £5 and then left' the place without getting the crop He left tht plaoe about the time he filed (Jan. 3) m oonsequence of his crop of oats getting swamped. He filed because he did not see bis way to pay hla debts. At the time he got bis suit from Lublow he was looking forward to paying fdr It oat of the prooeeds of his crop! Most of his debts were inourred within three months of his bankruptcy. Previous to that he managed to keep out of debt. He could not account for having got into debt lately. He had been married 2 years. The debtoi was examined at length as to the debts he had inonrred, and as to what he had done with his earnings. It appeared he had had £69, Including wages and prize money won at sport gatherings during last year.— G. J.F. Lublow, tailor, said the bankrupt came to his shop last November and ordered a suit of olothes of the best material. Witness said his terms were cash. Bankrupt's wife hurried witness up with the work, and whens he took his olothes away witness asked her foi the money. She promised that the money would be paid by a certalu date, and witness let the olotnei go on that condition, r— John Motson, bootmaker, said the bankrupt bought goods and had work done to the amount of £2 odd. He got a pair of danolng pumpi about two months before he filed. He got the pumps for dancing at Bports at Chriutohurcb. — F. Nokes, bootmaker, said that bankrupt about the end of December bought a pair of running shoes from him. He promised to call In and pay, but did not do so.— Jas Gudiell, storekeeper at Tlnwald, gave evidence at to Mrs Lyons rnnning op m account at his store. An aooount of about £3 was tan up In the month of Deoember. Mrs Lyons got the account and promised to o»U m and pay, bat did not do «o. — R. MoOallam, grooer, said that Lyons owed him a balance on account of £11 odd. Stopped his credit m Ootober Witness detailed negotiations he had with bankrupt, before he recovered judgment ' for his debt m the Magistrate's Court— This was the eisa for the creditors— Mr Crisp, who called no- witnesses, addressed the Ccurt submitting that the case for the creditors had failed.— Mr Cuthbertaon replied : His Honor said that the case was not ope for the criminal jurisdiction of of the Court, though no doubt there had been soms negligence and extravagance. As far as half the debts were conoerned the bankrupt had reasonable expectation of being able to pay them, having a crop of oats. This was afterwards swamped and he left it, but if he had realised upon it he would probably have bepn saved from bankruptcy. It appeared from the evidence that m addition to his wife the bankrupt had supported his lister and when rent was paid out of > salary of £1 a week there. was npt much left to live extravagantly upon f Hia Honor plosed the examination without making an order. The Court then rose.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18890417.2.26.2

Bibliographic details

ASHBURTON—WEDNESDAY., Ashburton Guardian, Volume VII, Issue 2112, 17 April 1889

Word Count
893

ASHBURTON—WEDNESDAY. Ashburton Guardian, Volume VII, Issue 2112, 17 April 1889

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