SUPREME COURT.

Hawke's Bay Tribune, Volume IV, Issue 239, 23 September 1914, Page 4

SUPREME COURT.

NAPIER. (Before his Honour Mr. Justice Denniston). THIS DAY. A BANKRUPT’S - APPLICATION. CAUSTIC COMMENTS BY THE JUDGE. When the court sat al 10 o’clock this morning Mr. Dolan applied fora, discharge from bankruptcy for Thomas Henry Brinson, contractor, of Hastings. Neithter the Deputy Official Assignee nor tlie tiankrnpt <>re in attendance. His Honour: WJien Jnt the young man start in busines's'^B>. Mr. Dolan: About o. o tears before. His Honour: This oung man. under age, starts busim-is a contractor ; in two years lie ,m urs debts amount mg to £6OO and now lie comes before me within two months, bis counsel comes here, and asks me to turn a gentleman like this loose in the eommerckd worli.l without his having the decency to put in .an ap ptarancc. Your seem to take it for granted that a thing of this sort 1$ a matter of course.

Mr. Dolan : I am afraid it is my fault. I hate to make an application wit hin four months. ’ , His Honour : In nine cases out of ten 1 am satisfied with the official report of the .assignee, but J want to know more about this. ' Mr. Dolaq: In the first place he started very .voting. *

His Honour: Yes; that was a great act of rashness.

Mr. Dolan : He says he was unfortunate in his speculations.

His II onour: He has the coolness to come forward and tell me that at twenty-two he speculated . with other people’s money and was unfortunate. Mr. Dolan: At the very first meeting the creditors recommended Ins discharge.

His Honour: They did not recommend his discharge. No objections were raised to it, that: was all. Creditors are a great deal too ready to overlook these things. This man, who could undertake contracts at low prices, end take the bread out of other people’s months, is, according to you, to be allowed to start his speculations again, x Mr. Dolan : He might start again. His Honour: Anything more improper than the .conduct of tips ycung man I do not know. Air. Dolan : If the creditors dealt witli him they had themselves to blame.

His Honour: 1 consider, in plain language, .that it is a most impudent application. Mr. Dolan: I had to apply within the time.

His Honour: If the bankrupt wishes to explain anything he can come here. Why cannot ho work for his living without becoming a contractor again. Why does he wish to go into speculations again with other people’s money ? Mr. Dolan suggested that the bankrupt probably desired to rise in the world.

His Honour: Yes; but this man made rather an early flight. Why should I loose this man on the public again J Mr. Dolan : The only thing he can say was that ho was imprudent, aiidt that he was not dishonest. His Hoiioiir : At twenty-two a roan should stick to his carpentering if he has not had experience. You et ideniTy think there arc twelve men over there (pointing to the jury box). There are not. There is only one. It is an exceedingly free am# easy proceeding this—the Official Assignee is not here ; the bankrupt is not here.

Mr. Dolan: If you could grant a discharge subject, to conditions. His Honour: 1 will not grant it on anything. Let him stick to his carpentering until lie-knows the business. This youth entered into business, plunged with other people's money, and then sends someone to the court and asks the court to sponge the wrong thing out. •Mr. Dolan: I did not anticipate that you would take such a strict view' of it.

His Honour: You will knoty better next time. He is at liberty to apply after twelve months for a discharge■ I shall not he here then. 1 forgot to mention the fact that he kept no books. Why is he not proceeded against for that ?

Mr. Dolan pointed out that the bankrupt had submitted voutherß with all the accounts.

His Honour : I would like to have the Official Assignee here to explain why. The Assignee had better attend later. It seems to nao that we are getting into much too way of looking into these matters of. speculative building. At this stage the hearing of the application was adjourned till 10 o’clock to-morrow morning, pending the attendance of the Assignee. AN INSURANCE CLAIM. William Ashton Chambers apd the H. B. Farmers’ Co operative Association claimed £1043 14.4 from the Phoenix Assurance Company-, Ltd., being an amount alleged to be due for insurance on a store at Waipuku ran which was destroyed by fire. Mr. H. B. Lusk,, with him Mr. Murdoch, appeared for the plaintiff#, and Mr. Blair for the defendants. The plaintiffs alleged that a policy taken out by the contractor (.Chain bers) entitled them to claim in respect to the destroyed building-. Chambers having an insurable interest. Against this the. defence contended that the policy referred to was merely a “builder’s risk” over alterations which .there being no insurable interest, gave the plaintiffs no legitimate claim. After hearing arguments, "his Honour reserved his decision.