PETITION DISMISSED.

New Zealand Herald, Volume LXV, Issue 19889, 7 March 1928, Page 14

PETITION DISMISSED.

* IWDECENT HASTE" SHOWN.

JUDCE CRITICISES CREDITOR. [BY TELEGRAPH.—OWN CORRESPONDENT.] HAMILTON, Tuesday. When a petition in bankruptcy preferred by Samuel Trethewey (Mr. N. S. Johnson), farmer, Waharoa, against Herbert Vaudrey (Mr. J. F. Strang), laririer, Waharoa,' came before the Hamilton bupreme Court to-ciay, Air. Johnson asked permission ior his client to make a statement, and for" leave tor himself to withdraw from the case. Evidence had previously been giveu by Trethewey that lie had granted a lease of his iarm at Waharoa to Vaudrey ior three years. The farm implements had been taken over by Vaudrey at £IOO, for which he had giveu Trethewey a bill of sale, due in three months. The money had not been paid and Trethewey had obtained judgment against Vaudrey and had then preierred the bankruptcy petition against him. In answer to Mr. Strang, the creditor admitted he had intended to take the property back within a month of signing the lease. Trethewey said he valued the farm implements at £75. Mr. Strang submitted that the bankruptcy proceedings had really been instituted for the ulterior purpose of recovering possession of the land. Mr. Strang objected to Mr. Johnsen'3 application that the creditor be permitted to make a further statement, on the grounds that evidence had been heard and that judgment was about to be given. Mr. Justice Blair said he agreed with Mr. Strang and said, to put the matter euphemistically, that there had been a little indecent haste on Trethewey's part in pressing the petition. He had made his claim in the Supreme Court where the costs were higher. He had arrived at the amount of his claim by mean 3of arithmetic. The claim was for goods supplied which were sold at £IOO and were now valued by the creditor at £75, and Court costs had been added. The amount of the debt above the value of the security \tas stated by the creditor to be £33 12s lOd. The Judge considered he had overestimated the claim by at least £3 12s lOd. He dismissed the petition, with costs against the creditor, and witness' expenses.