SUPREME COURT.

Nelson Evening Mail, Volume XLVII, Issue XLVII, 12 March 1912, Page 1

SUPREME COURT.

MARCH 12, 1912. (Before His Honour Mr. Justice Denniston.) The following business was transacted at the Supreme Court yesterday afternoon after we went to .press:— IN BANKRUPTCY. Alfred John Hulme, butcher, of Collingwood, for whom Mr Magi unity appeared, applied for an order for his dis-. charge from bankruptcy. Mr Atkinson opposed the application on behalf of several creditors. Mr. Maginnity said that no application was before the 'Court for a public examination, and the Official Assignee had expressed no desire for the examination of the bankrupt. The report of the Official Assignee -was on th e whole of a favour-, able nature. . ; The petitioner was then examined-by Mr. Atkinson as to the conduct of his business. He filed his petition on 15th March, 1911. H 6 was in partnership with John MoConchie from .March, 1910, until July, 1910, when the latter died. He knew after his partner's death that his business , was going back. Cattle, went up in price and he could not g& fc a higher price for his meat. In October r 1910 he bought £56 worth'of cattle from J. W. Riley, ibut he did not .promise to pay cash on delivery—he was to pay m three months' time. When he incurred debts in October he considered he was solvent. If money owing to him had come in he considered he could have pai<i ■ his debts. He went into, the 'business blindly," .and he never really knew his, actual position. > 'Bis late partner did all the stock buying, and lie; himself knew nothing about it. On several occasions he had ito throw meat away, but he did not enter tthe loss in his books. H e was not a .'butcher by trade. He did liot (remember telling Mr Flowers that hei. was in a strong financial position. He swore that he had not tola 'Mr. J. **. Riley that he would ruin Flowers. . By Mr. Maginnity: There was an ' agreement .that Flowers should supply him with meat; it 'was on , suggestion, and at tlhat time lie owed Flowers albout £2O. Flowers knew at ) the tieie that ho . (Hulme) owed other people money: It/was out of this agreement thait the big debt grew up. He was not a butcher by trade. ■ j , John W. Riley, farmer, Collingwood, deposed selling stock to Hulme to the amountof £56, allowing a for payment. .Hulme had paid him . shortly after the expiry of the term, afueed on. In regard to the sale of'nwat . Flowers, witness said that Hulme had told him that he (bankrupt) would *uin . 'Flowers before he .was done. Witness had been asked 'by Hulme to weigh some for him which ibankrupt had obtained from Flowers, and there was a shortage of 201bs. on Flowers' figures, but the, weights of the various portions of tho . beast were correct. Lewis Flowers, butcher, Collingwood, said that bankrupt owed 'him, albout £2OO. Bankrupt had told hun in November, 1910,.. that he was in a strong 'finanoiai position, and it was oil that statement thafc he agreed to supply hi" l -with meat. He ihad never 'heard before that his meat weights supplied to Hulme were not correct. He had not tri&u l O ruin Hulme; on the contrary he had tried to help him along. . ■ . _ Mir.' W. Rout, Deputy Official "Assignee, said it was ,impossible to ascertain from the books of the bankrupt/ what, he paid for cattle. In answer to Mr. Maginnity .witness said that the statement of bankrupt showed that he ;was solvent When lie • filed . t " To His Honour: He found no evidence of deliberate fraud on bankrupt s part., Mr. 'Maginnity called • • ••, G H. Allan, iournalist and. geiieial , agent, Collingwood, .who gave cvidenco in regard, to the keeping, of books. Hulime was solvent right up. to Christmas, 1910, Mind his debts were incurred after his dealings withr lMowers. He was perfectly right in telling Flowers at the time that he was in a strong tinancial position. ' ~ . To "Mr. Atkinson: Ther o was noWnng in the 'books to show what bankrupt In. giving 'hits decision his Honour , did not think matters before him were sufficient ior.liim to refuse the discharge. No douibt it was an unsatisfactory bankruptcy, and the conduct of the bankrupt in eame- xoßpects hud nob been all that could bo desired; .but he thought. Mi\ Rout understood bankrupt's position cwlien he ima.de his .report and rc * commended that the discharg 0 be not giranted immediately. From Mcssru Rout and Allan's evidence it appeared that while; Hulme was in partnership with MoCondhie the business was, ma flourishing condition; but after the death of MoConchie the 'business appeared to go 'back. Bankrupt evidently was not a business man . If .bankrupt had been a tradesman 'the cas 0 misfit have had a different complexion. No proper set of books was kept. : Ihe matter realiv "commenced in tine way McConchie had kept his books, ' and Hulme seemed to have blundered on alter his partner's death, and was submerged at a later stage. His Honour did not think in the circumstances he ought to refuse the discharge, because of (liie business transactions with certain creditors. It seemed to him that debtor, had tried to pay his debts, and had failed owing to his incapacity to conduct the ibusiness. As the disdharge had pended for some time, h e thought there "was no reason to suspend it further. The discharge would be granted. , A motion by Mr. Atkinson m respect, of a payment of £7O to Mr. -Allan by bankrupt was withdrawn. Mr Maginnity, who appeared for Mr. Allan, was allowed £3'3s and 10s witness' expene.es. This, concluded tho business of tho Court. IMPORTANT LAND CASE. NON-SURRENDER TO BAIL. Press Association.) NEW PLYMOUTH, Majrch 11. An limporteni, -case lias -occupied tru* Supreme 'Court for three days. M. C. Robison proceeded against Henry Sanson, junr., for speoific performance of an agreement to exchange farm lands, one being an island off Tauranga. Mr. Bell, K.C., and Mr. Roy appeared for plaintiff, and Mr. Skerrett,. K.G., and Mr. Spence for defendant. It was alleged that defendant agreed to exchange a farm at Stratford for 'BOOO acres of Matakana Island. Thi3 was subsequently rescinded, misrepresentation beintr alleged. Plaintiff bought the land for 12s 6d and sold it'to defendants for £3 10s. The finish, to-haorrow, and counsel'® addrsso will be in'-Wellington at an early C. B. Lumsden, arrested for failing to surrender to bail, was remanded till next sessions on a. charge of indecent assault. Bail wis agaia allowed.