A SOLICITOR IN TROUBLE.

Press, Volume L, Issue 14918, 17 March 1914, Page 2

A SOLICITOR IN TROUBLE.

ADJUDICATED BANKRUPT

(SrECIAL TO "THE PRESS.") DUNEDIN, March 16. An application was made to Mr Justice Sim this morning to have John Crisp, late of Palmerston South, solicitor, adjudicated bankrupt. Mr Bodford appeared for the petitioner, Agnes Jane Lunan, of Palmerston, widow. He said that on the 24th August last, Mrs Lunan gave to Crisp £400 for investment, and received from him a recoipt indicating that the money was to be j invested on tho mortgage of a property belonging to a man named Diack About six months afterwards, Mrs r mnan applied to Crisp for the deeds 'f the mortgage, and he told her that they were in tho Deeds Office at Dun--yiin, and that sho would receive thero in due timo. Search being subsequently made,, it was found that no such deed of mortgage was ever prepared. Mrs Lunan had no security at all. Sho hacf made application for payment to Crisp herself, and through her solicitor, andhad received nothing. In tho meantime Crisp loft bis usual place of business and his abode at Palmerston, and no trace of him could be found. He left about tho 25th of February, and siueo then had not been seen. Mrs Luna.-i asked that Crisp be adjudicated bankrupt. He had committed an act of bankruptcy under section 26, subjection (d) of the Act. which declares it to be an act of bankruptcy if any person "with intent to defeat or delay his creditors, he departs, or attempts to depart, or being out of New Zealand, remains out of New Zealand, or departs from his dwelling-house, or otherwise .indents himself or keeps to his house." Mr Uodlord added: "1 take it, your Honour that you will r«v quire oral evidence, and will not dh»pense with" it under Rule 103. ' The aflidavite aro very full, but if you require oral evidence, I am prepared to cull it." His Honour: What is the rule ab_u* giving notice that ho intends to dispute? Mr Bedford: Rule 105. There is no notice under that rule. His Honour: The affidavits call it a writ of summons, but it is not a writ of summons. However, the debtor has not served notice under Rulo 105. It is clear that what was _erved was a copy of the summons issued in bankruptcy. I think it is sufficient that the debtor has not served notice under Rule 105. I take it that the allegations are proved by the affidavits. An order of adjudication will be made.