BANKRUPT DISCHARGED.
A CONDITIONAL RELEASE. Although an order of discharge was made by Mr. Justice Herdman at the Supreme Court yesterday in connection with the bankruptcy of James Kennedy Popple, merchant (Mr. Cahiil), it >vas made clear that this fact did not release him from liability in case certain allegations made against him were sustained. Mr. Wyatt, in opposing the application, said he did so on the ground of a breach of trust to which the bankrupt had been a party. His Honor said his recollection was that the fraud was committed by agents of the debtor. The law was clear, how-, ever, that if the debtor was discharged that fact would not release him from his debt to the injured persons. Mr. Cahiil agreed that there was statutory preservation of a debt created by fraud or breach of trust, whether personally or unconsciously. His Honor said that Popple seemed to have got into trouble through the dishonesty of agents whom he had employed to sell the property. If the creditor had a remedy at law, that remedy would not ho- disturbed by reason of the debtor's discharge. The discharge was granted accordingly.
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New Zealand Herald, Volume LXIII, Issue 19289, 30 March 1926, Page 14
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193BANKRUPT DISCHARGED. New Zealand Herald, Volume LXIII, Issue 19289, 30 March 1926, Page 14
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