SUPREME COURT.

Gisborne Times, Volume XLIX, Issue 4904, 25 June 1918, Page 2

SUPREME COURT.

YESTERDAY’S SITTINGS

The Supreme Court were resumed before His Honor, Mr Justice Hoskins, at 10 a.m. yesterday.

The following common jurors were called.—J. A. Heyworth, A. L. Miiir, P. Griffin, S. Pardoe, M. Walsh, W. Samson,• H. Walker. J. Ryder, EL H. C. Feilding, J. McKinlay, S. Howarth, F. P. Muir, T. E. Toneycliffe, E. "Williams, O. O. Mayson, L. Steele, H. Eacle, HJ. Grieve. J. E. Sheen, J. Lee, A. El. Williams, E. 1). Bilham, J, M. Jackson, W. J. McPherson. W. Martin, W.v G. Stevenson, O. C. bomer- ■ field G. S. Bruce, I'. Hall, D. Hair, 0. R. Pascoe, S. Nunns, V-D. Peterson V. L. Ensor and A. Kirk. ’bankruptcy matters. Mr T. A. Coleman, • on behalf of Thomas Donovan, of Gisborne, drover applied for discharge from bankruptcy. 1 , , His Honor said it appeared to be. a case in which bankrupt had been suffering from ill-health. He noticed there was only one creditor Mr Coleman said the creditor was a man who had proceeded against hanknipt for assault, a ease that His Honor had dealt with about three years ago. The bankrupt hap undergone two months’ imprisonment and had afterwards to meet a civil claim. The applicant .was CO years of age. Discharge granted. ‘ ' Mr Burnard appeared m support of an. application for the discharge of Albert Ernest Davy, hairdresser. His Honor: I see your client says lie put his race winnings into his business. Was racing the cause of the bankruptcy? Mr Burnard: No: I understand that he is one of the few who made racing pay. According to the evidence at the meeting of creditors, which was not contradicted, lie placed fairly considerable sums from racing into the business. His Honor, after reviewing the case, asked had it been possible for bankrupt to make any money from racing since lie failed. Mr Burnard: No Sir. It would have obviously been impossible under the circumstances. His Honor: Ob, I thought that with such a sure hand lie might have made something on the course for His creditors. Mr Burnard said the. reason why they made the application was that applicant had. been called up for service and was anxious to get his affairs in order.. His Honor granted the discharge. Otto Edwin Jackson, Waerenga-a-hika, farmer, (one of the firm of

Jackson and Charteris). His Honor said the applicant’s partner had bought a farm. It appeared to be a case of misfortune and too much wet weather. —Order granted .

Joseph Edward Newton, of Gisborne, butcher. —Mr Burnard in support. His Honor said it appeared to he a case of not keeping proper books. Mr Burnard' said bankrupt did not understand the hooks himself. He employed usually a lady clerk at 30s or £2 a week. These got married and were renlaced by others and bankrupt had not sufficient knowledge of books to exercise proper direction.

His Honor pointed out the magnitude of the business, and remarked that it was not case where he should have employed a bOs-a-week-clerk. It would have paid him better to keep a proper clerk. Mr Burnard said that whilst the turnover was large the actual profit was small, and did not justify more expense. . His Honor: Did bankrupt indulge in racing? Mr Burnard replied that the bankrupt did, but here again he had made a profit. His Honor asked if too clerkh looked after the racing accounts also. Mr Burnard said _ that this was mostly on a cash basis. . His Honor: I see., he put all Ms winnings into the business: hut I suppope lie took all his losses out. —(Laughter). His Honor pointer out that he was precluded under the act from granting a discharge straight away. The discharge granted, hut suspended for six months. Samuel John Rosevearp. of Gisborne. builder and contractor. Mr. Dunlop appeared in support, remarking that this was the case of a man who was a builder who had bought a farm and had lost over it. Applicant was 'working as a carpenter at Te Araroa. His Honor: Is he. intending to open up business again? Mr Dunlop said he dip. not know, )rut thought he was going to contiiiue working. He earned fairly good wages on the Coast, which paid him better than being a.builder.

„ His Honor: Is he going to pay p's butcher and baker? He lived on teem. . Mr Dunlop remarked that it was very hard for a man on wages to catch up. ~ His Honor refejred to the considerable extent of the money involved, remarking that it appeared to be a case of rash soeculation. Mr Dunloo said that bankrupt had been successful as_ a' builder, and had subsequently disposed or his town property to buy a. farm property and made a bad deal. His Honor said there did not seem much obiect in withholding the discharge.— Order granted James Erskine, of Gisborne, baker. —Mr Coleman appeared in support, and Mr F. W. Nolan appeared for the assignee, and Mr Burnard for Mrs Erskine. , , , His Honor said he thought it was a case in which the assignee desired to consult the creditors. , Mr Coleman said the assignee had had a considerable time in winch to do so. . , •r His Honor said it soem.od ns it the business had just been brought up to a stage when the creditors mi edit be consulted. . His Honor said it; seemed to him. as if it had been n joint concern and he thought the wife should tlieiotoio make ci 11 offer. . Mr Burnnrd said Mrs Erskine was quite unable to do so and had been most generous towards the assign. • He thought quite undue pressure wan* suited by the. assignee upon M-s Erskine to obtain a lease His Honor said it appeared to him that it might, be a case of partneiS^M r Burnard said he could prove that such was, not the ease. His Honor said a special report had been issued to the creditors, ambhe. thought the case,, might stand. o .1 until the next sit+ing. .otherwise the report ’'•miLi he thrown away. M r rioie.man said they had intended appMtm last Siting, but the assignee thought that it was a It tin nromature. and now issued a repm nt this Into stage ■■ L . Mr OolemoT! submitted that pwms tb* the -'mce. in prices of flpur 01 yd lire-’ '■-> report did not do ,ius-t.v-o +0 the bankrupt. who had assisted : n mitf -cr the business on a good footinu 1 it was desired by th. pcc-io-r, o o retard. tlic cLischaige to serviefto. , , 7 TT-- Honor said It armeared to PR • n na:crt to whether £BOOO worth ,-of creditors should get something or nothing- -i , , Mr' Coleman said bankrupt, was prepared, in' the event, of discharge helper granted, to remain m the positlcn ”* of foremen baker for some rc-’-thc furthe**. "• • , tt; s >o ; d he felt that.no harm wbiild hei dope • in adjourning t.h e sitting t 0 enable the creditors to ho consulted - The Court de a dded would not allow the cred.tors to do .am-thing unfair to the bankrupt. Mr Coleman consented. —Adjourned till next sitting.