BANKRUPTCY PETITION.
DISMISSED BY COURT.
CASE OF GEORGE GREEN.
The petition for the adjudication of George Green, grocer, of Ponsonby Road, as a -bankrupt, was dismissed by Mr. Justice MacGregor in the Bankruptcy Court this morning. Mr. A. H. Johnstone and Mr. Mackay appeared for the petitioning creditor. Bond and Bond, Limited, and Mr. Ziman and Mr. Webster for Green, and for a creditor who opposed the petition.
The alleged act of bankruptcy was a return by the sheriff that no goods of George Green could be found on an execution issued by one Winder. Mr. Ziman on Wednesday argued that under the judgment obtained by Winder nobody had the right to issue an execution, except in respect to two special types of property or Ellen Green. The writ was bad so far as it related to George Green's property. His Honor reserved his decision on this point. His Honor, in a written judgment, said that it was clear that the writ of sale did not follow the terms of the judgment, and that he had no power to amend the judgment as entered. In the circumstances he was of the opinion that no act of bankruptcy had been proved.
''<■ petition would be dismissed, with £10 10/ costs and all necessary disbursements to be paid by the petitioning creditor.
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Bibliographic details
Auckland Star, Volume LIX, Issue 170, 20 July 1928, Page 7
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219BANKRUPTCY PETITION. Auckland Star, Volume LIX, Issue 170, 20 July 1928, Page 7
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