SUPREME COURT.

Dominion, Volume 2, Issue 470, 31 March 1909, Page 11

SUPREME COURT.

IN BANKRUPTCY. Sitting in Bankruptcy yesterday, Mr. Justice Cooper dealt with a number of applications. ESTATE OF A' CARPENTER. Owen Thos. ( Baigent, .carpenter, Wellington, who applied for-. llis discharge, was represented liy Mr'. M'Lcan. Counsel stated that tho Official Assicneo recommended debtor to apply in - throo months' time, when ho would probably be ablo to give a- favourable report. Debtor was willing to consent to the adjournment. The Official Assigneo remarked that debtor's exertions to assist him had been satisfactory. His Honour deferred consideration of tho application until the next sitting on May 31. ■ 1 - ■ • ■ BANKRUPTCY DUE TO MISFORTUNE. With regard to the, application of John Johnston Ramsay, formerly coal dealer arid rabbit exporter at Dunedin and elsewhere, the Official Assignee left it to tho Court to decide whether the discharge should bo granted. His Honour pointedout that the liabilities in the estate totalled £847, whilst there wero no assets. As the, debts had been contracted in another district, why was the application brought, iri; Wellington ? Mr. Herdmari stated that debtor bad now obtained/a position:.lioro; All tho debts were contracted four years ago in Otago. Debtor became involved in''litigation with a Mr. Oldham, who obtained judgment against him for £650. Mr. Oldham', who now resided in Wellington, had intimated, that he would not opposo tho application. He recognised that dobtor had been the victim of misfortuno. • His Honour; said that, upon debtor's statement, it was .a case of misfortune. In. a case where' there were heavy liabilities and no assets it was necessary that the Court should bo satisfied that debtor had not been .guilty of speculative trading, or of any conduct which would justify it in refusing the discharge. The application would 'bo granted.. 'A RESTAURATEUR AND HIS RENT. The. next application considered was that of Octave Desneux, restaurant-keeper, Wellington. ' Mr. Tringham mentioned that a statement in the Official Assignee's report to tho effect that debtor started in. business without capital should read "without sufficient capital." 'As a matter of fact, debtor put between £300 and £400 into tho. business. Otherwise the report was quite favourable. ' The Official Assignee said that the creditors had passed a .resolution recommending that dobtor should obtain his discharge. Debtor's premises' were. the cleanest which, ' he had entered in his official capacity. His Honour: Debtor'seems to have taken premises at far too high a rent. The Official Assignee: An exorbitant rent:His Honour granted the application. PAWNBROKER GRANTED DISCHARGE. No opposition was offered to the application of MaUrico Ziman, pawnbroker and second-hand dealer, Wellington. ■ Mr. Johnston 3aid that the bankruptcy was due in-great measure to sickness in debtor's family. Debtor had been in business in a small way for a numbor of years. Nothing had been alleged against him, excepting that he was not a good business man. : * Tho Official Assigneo said that proceedings would never have been taken but for debtor's action in not explaining his position to the petitioning creditor. His Honour made.an order granting discharge.

ANNULMENT- OF BANKRUPTCY. Application was made to the Court! to approve of a composition in the estate of Conomos and Maroulis, restaurant-keepers, Blenheim. The Official Assignee .at Blenheim was called by Mr. M'Nab,"who appeared for the firm. Witness -stated' that the. whole of 'the' fund was available for. distribution without deduction. He recommended acceptance of the composition. . ' His Honour made an order approving of the composition and annulling the bank-, ruptcy. '..;. ... ' MERCER ADJUDGED BANKRUPT. Application- was made 'by -Mr. Lynch, on behalf of Messrs. Abbott. Oram, and Co., to •have .Thomas Matthew Clarke, mercer, Wellington, adjudged bankrupt. The ground of tho motion was that with intent to defeat and delay his creditors Clarke' had left Wellington. It was alleged that Clarke had thus committed an available 1 ' act of bankruptcy. An order, as prayed was made. — ANOTHER CASE. A petition was brought by' James Joseph M'Carthy, builder,' Wellington, '.to have Fredk. James Read, custodian of the Polhill Gully rifle range, adjudicated a bankrupt. It was stated by petitioner that on March' 18 ho obtained judgment Read for £60 12s. sd. Objection was offered on several grounds, including, inter alia, that the judgment was wrongly obtained, and that ' the amount owing by Read to M'Carthy was' under £30, which was tho amount of indebtedness on account of'which a person could be adjudicated a bankrupt. M'Carthy was represented hy Mr. Johnston and Read by Mr. Dunn. His Honour made an order that the trustees pay into Court the sum of £33, the proceeds of stock realised to date, debtor in tho.meantime to bring an action in the Magistrate's Court against petitioner to have any counter-claim adjudicated upon; such action to bo brought to a determination in "tho Magistrate's Court by May 31, ; and consideration of petition to be adjourned till that data, without prejudice to questions inyolved. . . •'

CIVIL BUSINESS. QUESTION OF CONTRACT. . A SUCCESSFUL APPEAL. .• "With regard to the case of Alfred Wyness, clerk, Wellington (appellant), v. William Lingard and Co., laud and estate agents, and tho Diamond Sign Company (respondents), judgment was given by Mr. Justice Denniston yesterday. The facts wore that Wyness deposited £50 with Lingard and Co. in respect of a proposal that he should invest £200 in the Dianiond Sign Company, and should bo engaged by the company as manager. Wyness signed a letter applying for the position of manager on conditions set out in a document, which was endorsed on the letter. It was a condition in the arrangement that a proper agreement should bo drawn up by the company's solicitors. Subsequently a great deal of correspondence took place in regard to tho terms of the engagement, and the conditions of the proposed agreement, but before anything further was concluded Wyness withdrew his offer,, but the Diamond Sign Company declined to recogniso his right to withdraw, and purported to ratify the action of Lingard and Co. in making tho alleged'agreement. Dr. M'Arthur hold that there was no misrepresentation on the part of Lingard and Co.; that there was a concluded contract between tho parties; that .Wyness was. bound thereby, and that liia money was forfeited to tho company. Ho therefore gavo judgment for the present respondents. An appeal was now brought on the grounds (1) that thoro was no evidence of contract, and (2) that if there was eucli a contract it was based upon misrepresentation; His Honour said that ho was satisfied from tho documents that there was no concluded contract between the parties. He would allow the appeal, with costs seven guineas, and remit the case to the Magistrate to enter up judgment for-Wyness. Mr. Gray, who represented. Lingard and Co., suggested that judgment should bo en\tored only against tho Diamond Sign Company. He contended that, Lingard and Co. were merely agents in the matter, andlicld' tho money on behalf of tho Diamond Sign Company, and wore directed not to part with it to Wyness.

His Honour hold that in an action for inonoy had and received, a plaintiff was entitled to judgment against all parties who had tho inonoy or control of it. Other'counsel engaged in tho caso were: Mr. Bunny, for Wyncss, and Mr. Von Haast for tho Diamond Sign Company.