SUPREME COURT

Press, Volume LXXIII, Issue 22271, 9 December 1937, Page 4

SUPREME COURT

WEDNESDAY (Before Mr Justice Norther oft) PETITION IN BANKRUPTCY John William Gargett, of Lakeside, farmer (Mr A. S. Lyons), was adjudged bankrupt on the petition of William James Nairn, of Christchurch, farmer (Mr M. J. Gresson). The petition for adjudication stated that Garnett owed Naim £559 5s 8d under a judgment of the Supreme Court made in September of this year, and a return of nulla bona had been made to a writ of sale issued on the judgment. The petition was opposed, counsel for Gargett submitting that Gargett had a claim against Naim for fraudulent misrepresentation. Until that claim had been disposed of by the Court it would be harsh to grant the petition. Gargett owed no other, debt than that to Nairn, Counsel submitted that Gargett was entitled to have the petition adjourned until his counter-claim had been heard. Mr Gresson. in reply, said that the matter was one for the discretion of the Court, The allegation of misrepresentation had not been made until five years after Gargett had taken over the lease of the farm end there was nothing in the claim to justify an adjournment of the hearing of the petition. To grant the debtor’s request would be to deprive the petitioner of legal rights of questioning certain payments made by the debtor. His Honour held that the creditor was entitled to an order of adjudication of bankruptcy. PETITION FOR DIVORCE A decree nisi of divorce was granted to Stephen Alderspn. of Greymouth, railway porter (Mr W. D. Taylor). The petitioner alleged that his wife, Eva Maud Alderson, to whom he was married in 1926, had committed adultery with William Albert Coom, of Greymouth, miner. There was one child of the marriage, aged four. In granting the petition, which was not opposed, nis Honour remarked that the evidence against Coom disclosed suspicious, but not adulterous circumstances.