IN BANKRUPTCY.

Dominion, Volume 1, Issue 53, 26 November 1907, Page 7

IN BANKRUPTCY.

i (Beforaifei , Jus'(iico"Bttttoa.)!-.i!rii:'' i . •; ,-.i jv., TV; • RESULT; ( ! b ( P;; A, ACTION. '\« . St. Goorgo■■ Able; IT.. Pfl.w'siiig,'''plej;lt',V,Wellington, sought p bi,s,,',dAscharg(!,ifrpHV-''bjyiikv ruptcy. Ho had flle&.pn, A > iig»Ktt«7 v ]bis •lib.--bilities''being put tlowii at j£72"* 7sV ! .'6tl','."aUj : pJ ■ .-• which, except some £4, was stated (in' tho , Official Assignfeb!? rejwrt)rlo.:jjp t}iK Jesuit of' a libel action. Mr.'R. 15. AVilliams'appeaTcd l ■■ oii'bolinff of, ' the bankrupt','A^V'Blhil-•''(Skeri'ett aiid Wylio) opposed tho, afiplicatioii 'Toil behalf of the principar creditor,-Henry-Mi 'Demuth, who had obtained judgment'for £50 dhriiag'os' and costs in tli'd'ljßgl actio'n rifbrk-edi't'CV '•! ""The bankrupt' the' Official; ■ Assignee- (Mr; -Jaines Ashcrpft), and''"deposed that his earnings 'in"a 'Goveninicflt 'depart- : me.nt amounted ttf •ll&'j>efc"iiay , . , ' N ' i lli4< wife,, who was .a.mus.ic teacher by Wpfessipn, hail somo property/ bill'"it .was "held; finder- mortgage.: .Ho mainkin^ ,, tb^V#se > Qut ; '6f''his' earnings. Ho'iiad-.'thirto 'ririifiafr'ifed dtiugh 1 -: tors living at' 'htmle.' ■':> He'attributed -Tiis bankruptcy, to'-'the : libeF acfcion-'.'brou'ght' -by Demuth, which' ho'hail' hot' 'definddij.'" The house in which ho'lived'at ;: Mdt'MUi"liad :! tidsit £1100. . . 'I'"' Mr. Williams 'slated' that'"the? bankruptcy ■ was no ordinary-'on6:''' Tito' clear','' distinct reason that that ho did not want'fo' have/{o pay'tihe damages l awarded .in the.c'aso of; Demuth'.ivv'iDowsing if ho'could avoid doing .50;!,,,. i.;,-, .. \; His Honour' 'considered'- thatr:,thqbankrupt should have paid.-something towards-tho costs. • He thought tho bankruptcy itself was punishment, iir;,a'way. v, ! ; , Mr. Blair objected.-to-tlmigranting.-pf ;ap: unqualified dismiargoj .'itrhe»faots ; pf the' libel action had been, left.,entirely.* to. .tho, Court. His client :want ti> make ,a .penny otit. of it. . ' , -. r v..,,..;.-. . His Honour said he i regarded ~J)owsine:!s: bankruptcy as!, a. sufficient punishment ' For what he had in:additionvrhri .would: make it a of ;tlio\bauliTup.t?s- diS-. ; charge that he should pay a certain fampuiit- - within a reasonable time. Bankrupt was in' receipt of £3-65.-'per week; 1 ho did not ' appear to havothq sole responsibility of tho household thrown ,upon:..hihi v sa lie fcpul'd. very; well afford to • charge would bis; :thjj'"i>i^-;' ment of £25,.;', ! ,' within twelve '1 - next. ■ • y- ■ ■I - ■. it- '-"J j V"i , !:i: A PETONE OASli. r '-'i>. James Pr6y ' for his discharge.". • • >'•"/*>""' • • Mr. Robertj'Cook'.appeared for tho debtor.- ' The' report" of the Official Assignee glive ' tho date of filing as December! ' 17 of last yean v The." liabilities were, stated! : to bo £201 las'.. 7d.,'.and the assets £50.," pf 1 ' which only £20 had been realised from ;- tifei ' sale of a jPalirierstoii 1 North'. i, The bankrupt was" examined, and stated that his earniiigs'<, from 1 tr.aining horses and! greyhounds averaged about £2 10s. per week : ' He had had -illness'in Jisirjfa%ily7'' ; Bb',-'li'im- : self,' had bad rheumatic > " tho effects of'Which' , 'hafl o n^vwil^Vjibirfroin i working as wo'll as'ljltfoifc; -Hi? oxijhffiied' i-' payment of £55; ; in' respefct : bf 'ill' tho Magistrate's; Coiii't/ jis ■ liaviife, I)ben" Wiactoi from the money' adva'nbe'd'liy 'twd-rricn'tls''' ' . Tliero bein^ I ,iio' l ,r HiV.,Hpiroi;rl » granted the discharge.:",. - . - Tho. Court adjourned "till Dece'mboi- '18;'; at' 10.30 a.m. '• 'y-< ; 'i DIVORCE llu ' K ' s "V* ! rMr. A. S'. -MeuicatV(for r MrVBeoVe) moved': - tor a decree ab.solut6->andnthe"'Custedv '<l'f a' > child in the. cliVi)l'(ici l ca's , e,-i6f focd-idno-'Sladd 1 -! labourer, Featherston,.:c,.r:V. j; Louisa.'.r,Sophia! ,| blade, in which a-tdecrce nisifrwhs^uhtainiid,,) on the ground,-;o£i,desertioni oin-Augiist 21»'of : 'l the present yfia.r,,-, s &i ■'ri , Tliero was nb t ;appearani;e for the,/rcspon-, 1 dent, and ' for.. . . - |,^ . J -f His Honour: :in.timated::,tbnt.;he.-.would-sit at teno'clock-eachmarriingr t6;!rhear-':the '} undefended divorce \ i.; r : I : The uuusualiyr.|ieavy list,of;;civil-.caibs en-- ! tercd lor,hearing -nt -tlio- sittings'of: -J the Supremo' Court, ,coup)cd.:TOth' tho nm- ; preparedness of counsfel, forrtiedj.thc subject- 1 »J of some observations by-.Mr.t Justicei-Buttoii. i "( He pointed out thakvtlioro were'.at-i pr.eseiit' '* so many 1 cases ; on, tbe-.list ■ that thoF-.thrca-i -8 tenet) to last?-right- upyto'Mh'fe. Christmasii- r vacation. Ho^vever-, 1 ! hc"\va,s-'quite7-preparecl to sit' in the ,evenings,',if,'necessary,. to dis-- ■? pose of the business' of : the" Cdur£.'" ! " He had 1 < mentioned .distinctly on ..yridavi-that,.,-. the I Court would proceed /witli :;.tj(^ndurjury ; cases i I according to tlie'Jist,-. but. ;it-vappearcd-' tliat.; o Jhore wore no eouiii»l • prewtL'J3f<-x»unsiS-lJ i

did- not attend, there was nothing to be dona but to ..strike, their cases out. :.- Mr. Blair said, ho understood that His ! 'floriour .was, to. .-make fixtures , that day. 1 His Honour: I stated that I would go > on, and it was put in the paper. Tho Regis- ; trar informs me. I ; fixed, certain cases by ; , requost for certain dates, but in those gene- • ral cases counsel do not appear to be pre-' j l )aro -d to go on. Here, now, there is nothing ; :to do, and liero is a long list of eases that ■; :F9 wi'J. be hardly able to get through by the i; vacation. , Siibsequently His Honour again reverted i to the subject, observing that it was very: • unfortunate that counsel and- the parties, ; woro not ready jn the cases set. down for' .TWf?-'. The.Court had almost lost a day ! m which a great deal more work might have; ■ been done. As, the time was coining on i' for the vacation, he wanted to get through ! :' the work. • .' : . PARTNERSHIP DISPUTE. i ?. t 'j° urnec l Wellington partnership case Of Cloake v. Cloake, which was partly dis-' , posed of on l'Vidav last, was again bofore* ['.".'' Court; The plaintiff, -Leonard Cloake,'; r had already obtained an order to have no;, counts taken-in regard to tho partiiership,in certain property which he snared witb (jeorge 'hnd Lewis Cloake. ; , Mr. Sharpe, on behalf of, the plaintiff, now ,f° r an adjournment to enable him to ~ go ;into the legal aspect of the question in I'Cgard-to' : the l 'proposed sale of-the property,. : .in question..-, --, :v ' . T. Young, for. the defendants, did not* ' raise: any objection, but asked, for an order' 'I Mr -tHe''dissolution of .the partnership and' -cbu)!t#4;lai'm-.filed'by his clients.- - { ".yHis::Honour granted a decree for dissoln-' '■ Upn of. partnership, and allowed the .■ tie? "of' tho sale of '.the property'to stand over-' |i uhuir Tliiii'sdiiy''morning;' . until ten o'clock.thig,. j morning; .. .-••I