BUTCHER'S BANKRUPTCY.

New Zealand Herald, Volume LX, Issue 18566, 26 November 1923, Page 11

BUTCHER'S BANKRUPTCY.

TRANSACTION IN SCALES. OPPOSITION TO DISCHARGE. [BY. TELEGRAPH.—OWN roUnESPONDENT\ WANGANUI. Saturday. A case of interest -toi business firms was raised at the Supreme Court today before the hief Justice. Herbert Oscar Bergstrom, of Eaetihi, aplpied for discharge from his bankruptcy. ' Mr. Tustin, who appeared for the applicant,! stated that bankrupt was in business at Raetihi as a butcher. The slump came and, the farmers, in order to get a little ready cash, began to brine in their meat to Raetihi for sale. This competition interfered with the business of his client, who was compelled to file. The sum of £200 was distributed by bankrupt among certain creditors. Book debts amounted to £100, but only £11 had been realised on these. Mr. W. J. Treadwell, who appeared on behalf of lube Dayton Money Weight Scales Co., Auckland, said that the bankrupt, prior to his bankruptcy, procured a set of scales from the company for £53. Bankrupt dSd not pay a penny of the instalments, but sold the scales to another man at Raetihi. The company sued the latter, but unfortunately the form of agreement was not in true hirepurchase, form. The magistrate lield that the company could not succeed and gave judgment against them. The company objected to the discharge being granted unless the bankrupt consented to judgment , being entered against him for the whole or a substantial-portion of t'« money owing to the company. Mr. Treadwell further stated that there was a tendency on behalf of creditors in bankruptcy cases to consider that their money was lost and to take no action in opposing discharges, when it was clearly their duty, if circumstances warrant it, in the public interest, to oppose such applications. ' Mr. Tustin said ho was completely taken by surprise. , > ' Further consideration of the matter was deferred until next week.