BANKRUPTCY COURT.

Auckland Star, Volume LV, Issue 151, 27 June 1924, Page 7

BANKRUPTCY COURT.

THREE DISCHARGES GRANTED. FOUR ADJUDICATED BANKRUPT. Discharges from bankruptcy were granted by Mr. Justice Stringer at the Supreme Court this morning to the following: Stanley Alvin Foster, motor mechanic, of liarioi; Laurence Johnstone, farmer, of Auckland; Arthur Weber Todman, of Wairoa, Tauranga, Bay of Plenty. Summonses of adjudication in bankruptcy were issued in respect of FranK Many, farmer, of Whakatane; George L. Washer, settler, of Bayswater, Takapurui; Arthur G. Glass, farmer, of Mercer; Leslie William Simons, storekeeper, of Blockhouse Bay. In the case of Laurence Jobnstone, the Official Assignee, Mr. W. S. Fisher, said that one of the creditors had given notice of his intention to oppose the discharge, but there was nothing on the record that would justify the Official Assignee in opposing it. Mr. Fisher had written that creditor to that effect, and apparently he had since instructed Mr. Sellar. Bankrupt had been speculating very heavily. He had had an interest in a coal mine, which he reckoned was worth £100,000. The Official Assignee thought that it was a good proposition —a valuable property. However, on the eve of the bankruptcy, bankrupt was sold .up by the second mortgagee, and waa thus deprived of any asset with which to pay his liabilities. Mr. Justice Stringer could see no good reason for postponing the matter. It seemed that the creditors had had ample time. Johnstone would therefore be granted his discharge. Delivery of Chattels. A motion for the delivery of chattels was brought by the Official Assignee (Mr. Paterson) in respect of the bankrupt estate of J. C. KerEey. The question at issue- concerned the ownership of certain furniture. For the wife of bankrupt. Ada Kersey, Mr. Osfrurne Lilly contended that, at or before the marriage, bankrupt made a gift of the furniture to her. Mr. Pnterson argued that the furniture had never been the property r>f the wife. He referred to insurances on the furniture. On January 31. 1018, after the time of the nllegerl <rift, bankrupt insured the furniture in his name, and on January 31, 1020. the furniture was again insured in the husband's name. On September 12. 1021. bankrupt took out another policy under his own n<i mc. That policy lapsed under instructions from him, nnd on September 12. 1022. bankrupt took out a cover for the furniture in his wife's name. He was adjudicated bankrupt on March 3, 1023. Gifts from husband to wife had to be rpffarded with the closest scrutiny, snid Mr. Justice Stringer, otherwise frauds might be perpetrated. If he couM reasonably nfcppt the wife's pvirlenco without oorroboration he would willinsrlv do so. but her evidpnee on the point, as shown in the affidavit, was extremely Tiisatisfnctorv. "Tn mv opinion, she shnvq no rpasonuMp. srrounds for her belief thnt the lin<ahnr>r| intended it to b<? an absolute p ; ft." Thp order would, tbprp.fore. bnve to be granted, and the furniture handed over to the Official Assignee. |