SUPREME COURT.

Manawatu Standard, Volume XLIV, Issue 805, 7 September 1923, Page 6

SUPREME COURT.

LOCAL SESSIONS CONCLUDED. DISCHARGE FROM BANKRUPTCY. The local sessions of the Supreme • Court concluded yestejrday afternoon by His Honour Mr Justice ■ Hoiking.;' ' _' '■ \ i Joseph Hannah, an Assyrian, of JS.Umeroa, applied for his discharge from bankruptcy. The application was opposed by two of {he .principal creditors, for whom Mr Hurley appeared. Bankrupt, who was present, was represented by Mr Lloyd. . . . Considerable legal argument was heard by His Honour, .the main point of opposing counsel's contention being bankrupts alleged inability to carry on business. , . .

Bankruri gave lengthy evidence in Bupport of his application. He. did not wish to re-enter business ■at present, he said, but he wished to be released on general grounds. His Honour, in making an order for discharge,' commented on the favourable report of the Deputy Official Assignee and remarked on the fact that, when the petition was filed and a meeting of. creditors was summoned, none of the latter attended. No evidence had been adduced by opposing counsel to show that bankrupt had been guilty of any misconduct to justify the order being refused. It would, therefore, .be granted. DANNEVIRKE PETITION. Herbert Douglas Knight, farmer, of jWhakatane, sought an order of the court on a creditor's petition against Francis Charles Stubbs, farmer, of Dannevirke. Mr F. H. Cooke appeared on behalf of the debtor and Mr Cooper represented the petitioner. It" was stated that an action was pending, between the parties in other proceedings. • Hsi HbnoUr, after hearing argument for and against the petition, made an order for a stay of proceedings on the following grounds:—That he was not satisfied that the object of the petition was other than a "block" to the pending action by the debtor against the petitioning creditor; that it did not appear to His Honour that .any result of benefit to the creditors would follow an adjudication, but rather the contrary, as, if the debtor succeeded in his action, there might be. sometiling for the creditors and. moreover, the debtor was no longer in possession and His Honour had not decided the question whether the petitioning (creditor was a secured creditor.