THE LENNOX BANKRUPTCY.

New Zealand Herald, Volume XLVI, Issue 14250, 22 December 1909, Page 7

THE LENNOX BANKRUPTCY.

CLAIM AGAINST THE SON.

STATEMENT OF DEFENCE.

A statement of defence has been filed in the Supreme. Court by Mr. A. Hanna, in the action brought by the official assignee in the estate of James Marshall Lennox, bankrupt, against James Scott Lennox, a son of bankrupt.

The defendant admits that from about November 10, 1904, to about, August 12, 1909, a sharebroking business was carried on at Auckland under the name or stylo of "J. M. Lennox," but denies that such business was carried on by him (the defendant) in conjunction with James Marshall Lennox. He denies certain allegations set out in the claim, but' says that during the* said period, and for some time prior to November 10, 1904, James Marshall Lennox incurred the 'debts for" which proof has been lodged with the plaintiff in accordance with the Bankruptcy Act, 1908, and that such debts were incurred by James Marshall Lennox irrespective of any business or other dealings of the defendant in his (the defendant's) business as a sharebrokor. He denies that, at any time he was a partner of James Marshall Lennox in so far as the creditors of James Marshall Lennox, or of the defendant, are concerned. He claims that the business carried on under the name or style of "J. M. Lennox ' was entirely his own, and that no partnership at any time existed between himself and James Marshall Lennox, and he denies liability of the debts and liabilities incurred by James Marshall Lennox, for which proof has been lodged with the plaintiff in accordance with the Bankruptcy Act, 1908. He says that the business carried on under the name or style of "J. M. Lennox" is the business of him, the defendant, and the assets of such business are his" asset*. .

Defendant admits that from time to time his father gave him divers sums of money in consideration of the* natural love and affection existing between him and defendant, and that all such sums of money were given absolutely without any hope or desire or anticipation that such sums of money or any part thereof should ever be returned to him, without any arrangement whatever for the payment of any premium or interest for such sums of money. And he particularly denies that the divers sums amounted in. the aggregate to £10,849 7s. He admits that up to tho date of the bankruptcy of James Marshall Lennox no part of the sums of money which were given him by his father, have been returned, but he particularly denies that such sum of £10,849 7s, £)r any part thereof, was at the date of the bankruptcy owing by him to bankrupt. He denies that the said sum of £10,849 7s is now owing and payable by him to the plaintiff, but he admits that he has refused and still refuses to pay the same.