BANKRUPTCY CASES.

New Zealand Herald, Volume LIII, Issue 16202, 12 April 1916, Page 5

BANKRUPTCY CASES.

SITTING OF THE COURT.

DISCHARGES GRANTED.

A sitting of the Supreme Court in Bankruptcy was held yesterday, Mr. Justice Chapman presiding, the principal business being applications for discharge.

The application of Walter Thorpe, settler and native agent, of Taumarunui, was supported by Dr. Bamford. In answer to a question, by His Honor as to tho meaning of a reference in the filed papers to certain litigation, Dr. Bamford raid there had been an allegation that in 1911 the debtor received £1100 for a Maori woman as proceeds of a sale of an interest in land, and accounted for only £59 of it. An accountant went into the matter, and as the result of his investigations judgment was entered against the debtor ior £300. There was no allegation of fraud in tho matter.

Tho official assignee said ho had been requested by tho Maori woman's solicitor to oppose the present application. Debfor had given every assistance in the realisation of his estate, and had even given up to his creditors an interest in native land, which he was not required by law to surrender. Ho (the assignee) did not wish to oppose. Dr. 13amiord said the debtor had kept his books in a very loose way. His Honor thought the case was not very satisfactory, but discharges were granted in a large number of cases that had the same element of looseness. There seemed to be no evidence of fraud. All that could be said was that debtor was a Maori and acted according to Maori fashion. The case mus' be regarded as an ordinary case of muddle, in which no criminality was shown Dischp to granted.

Horse Trainer's Application. The application of Augustus Cameron, horse trainer, of Eltham, was opposed by Mr. Ostler on behalf of one of the creditors, Dr. W. E. Stevens, of New Brighton, Canterbury, on the ground that debtor was carrying on business mostly as an owner and trainer of trotting horses, and that debtor came to Auckland and filed there, though most of his creditors wero in Canterbury. The official assignee pointed out that the debtor's residence had been in Eltham and Auckland, and he had occasionally taken horses to Canterbury to train. The official assignee said nearly all the creditors for large amounts wero fairly old creditors, dating from a time when debtor had reasonable grounds for believing that ho would receive a sum of money out of the sale of his farm at Eltham. Dr. Stevens's was one of the more recent claims.

His Honor: It seems that the debtor was a trotting-horse man, and they trusted a trotting-horse man. His Honor proceeded that he could not withhold the dischargo on that particular ground. As to the earlier creditors, apparently the debtor's explanation was correct—that ho had had some expectations, which had proved fallacious, .vhen he incurred ihe debts. Then, an to the later debts, no doubt r.he oppr ong creditor knew he was dealing with a horse trainer, and possibly without any particular inquiry. Creditors must bear m raind that when, without inquiry, they trusted a man whose occupation was precarious and not very highclass, they were taking some risks. He saw no ground for refusing the discharge in the.absence of evidence of fraud. Discharge was granted accordingly.

Maori's Friends Pay Debts. Referring to the case of Henry King!, aboriginal native, of Te Puke (Sir. Durham), His Honor said tho position was not very satisfactory. Apparently, acting upon commercial principles, the debtor's friends had found assets which he would not otherwise have had. The official assignee said that was so. A sum of money had been paid which represent! more than the assets wero worth. Discharge was granted. Oases o! Misfortune. In regard to the case of John Bryce Berry, of Kawakawa, journalist (Mr. Gould), His Honor, after perusing the papers, remarked that the case _ appeared to be one of misfortune in business. The Official Assignee: Very much bo; tho debtor has the deep sympathy of his creditors. His Honor, iii granting an order of discharge, said the debtor seemed" to have mado exceptional efforts to do something for lug creditors after having teen unfortunate in business. Frederick William Sturges, of Taumarunui, settler (Mr. Gould), was granted his discharge. "An ordinary case of misfortune," remarked His Honor. Application Adjourned,. An application was made to hive Benjamin Emrys Williams, farmer, of Dareaville, adjudged bankrupt. Mr. H. P. Richmond appeared for the petitioning creditor, and Mr. Ziman opposed on behalf of the debtor. After some discussion, the case was allowed to stand over till 9.30 a.m. on Friday.