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BANKRUPTCY COURT.

APPLICATIONS FOR DISCHARGES. ■ A sitting of the Bankruptcy Court Was held yesterday, when the Chief Justice (Sir Robert Stout) dealt with three applications for. discharges. MERCHANT GRANTED RELEASE. James Robert .Patterson,, merchant, whose application was taken first, was represented by Mr. Weston. : i His Honour said that, the only point which ho desired to have elucidated was whether bankrupt had used in his business moneys received ' for goods which lie sold on commission. ' • ;

Mr. Weston:,My client will:give, evidence.; Before he does, so I.might mention that.ihis book-keeper muddled up his .and subsequently was'brought before' the Court.. ' Bankrupt on oath'stated that he'knew of no instance whore moneys which: ought ,to have been kept separate had been placed to tho credit of his general' account. Mr. Weston explained that the principal creditors in tho estate were Hunter and Co., an English butter firm. ■ Bankrupt who was appointed their agent in New,, Zealand had entered into certain contracts' slightly in: excess of ,<his instructions. In consequence of tho firm declining to ratify, these contracts ' baiikrifpt "became '"personally "responsible for a'"vbfyVlarge" a'moimt. Tlie(Official Assignee: This film.sued bankrupt for. about .£BOO,I arid upon obtaining : judgment'offered to"accent £500 ; in cash in full settlement.' Bankrupt, who was unable ..to meat the claim, then filed liis schedule, and the firm put in a claim for the full i amount. • In reply, to. a question put by the -Official Assignee,' bankrupt'stated that the Mitehel-, son Timber;Cpmpany.'s..claim,.against £223 jvas for..timbcr: .supplied. ;; Mr.)Simp'sonV.-Was' the', timberciipt''i.bQUght' on .commissionP^Bankrupt.jvNp.j' y Is it not fact that you only paid foi;. tho timberj'as ybu : sbld sible for the account.-:. }' H Was; it hot a-ease of.'selling: on commis; sion ?—No.; , . . . The Official Assignee (to his Honour): That is the point •! had in view.. My predecessor, was;oi the same opinion. ■ His Honour: There is you know such a thing as del -credcre agency,- i.e.-, the agent guarantees the credit of the' to'wnom o sells. ■''_■■ • . _ ■■'' ■ . Subsequently his Honour said that as the creditors did not oppose the application, and as bankrupt had declared that he was always responsible for. the goods in question, he. would accede to his application. ■ An order granting the discharge was made accordingly. , . ■■ ■ A WIFE'S APPLICATION GRANTED.. Elizabeth''Emma Elliott, wife of Albert I Clarence .Elliott, whoso application-was-tlion- ! considered, was not represented by counsel', j His Honour said that bankrupt had endorsed certain bills given- by. her husband who had subsequently got'■ into trouble. If creditors chose to take bills of that character they deserved to lose. their money. They ought to have known that a married woman iu her position would not be able to meet them if called upon to do 50... . The Official Assignee remarked that: the creditors did not oppose the application'. They wished, to bring matters to a finality. The discharge was granted. SYRIAN DEALER'S ' ESTATE. . The only other application was that of Peter Steven, a Syrian dealer formerly of Wellington, but now of Hokitika. Mr. O'Regan, who appeared for tho bankrupt, said (that portion' of tho Official Assigneo!s report was not in conformity with the understanding arrived at when the application was beforo the Court on a/previous occasion. After a lengthy discussion, Mr. Justice Cooper had, he continued, intimated that it would be better if bankrupt attended the present sitting of" tho Court. :If lie' then . agreed to judgment being entered against him for £100 (portion 'of the icost of tlio proceedings in: connection with his bankruptcy) ho would be granted his discharge. Bankrupt was willing to have judgment entered against him for the amount and application was now' made for the discharge; It would appear that'the Official Assignee now insisted ;on tho amount being paid in cash beforo the discharge was granted.. ' His Honour: You really ask for tho discharge' without the payment being made. Subsequently his Honour said ho would confer'with'Mr.'Justice Cooper, who would roach Wellington' to-day or on "Monday,' as to whether lie had intimated that tho grant of the. discharge should be conditional on the payment of the money first of all. Tho Court then adjourned until the first Monday in February.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/DOM19081003.2.88

Bibliographic details

Dominion, Volume 2, Issue 318, 3 October 1908, Page 9

Word Count
678

BANKRUPTCY COURT. Dominion, Volume 2, Issue 318, 3 October 1908, Page 9

BANKRUPTCY COURT. Dominion, Volume 2, Issue 318, 3 October 1908, Page 9

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