BANKRUPTCY CASES.

New Zealand Herald, Volume LXVII, Issue 20626, 26 July 1930, Page 17

BANKRUPTCY CASES.

MANY PETITIONS HEARD.

BROTHERS AT VARIANCE

A PROSECUTION RECALLED

Many bankruptcy matters were dealt by Mr. duslice Smith in the Supreme Court yesterday. The application of Christian Henry Dubi, farmer, for his discharge was supported by Mr. Sullivan. Mr. Sullivan said that the, bankrupt and his brother Ernest, who was the petitioning creditor, had been born in Switzerland, and had farmed together in Nev; Zealand from 1022 to 1025. There? were mortgages of £2500 and £IOOO on the property, and when they split the partnership Ernest took ovei a third mortgage of .1300. He was the only creditor in the estate. Counsel said bankrupt sold some stock, and was not able to give a. satisfactory explanation of what became of the money. He was prosecuted and given probation. Mr. Glaistcr opposed the application on behalf of the petitioning creditor, and said the bankrupt had openly boasted that, ho would swindle his brother out of the mortgage. Money Not Accounted For.

The bankrupt, examined by Ml. (Jlaisler, denied having pushed his brother out, of the partnership. When he got money from the sale of slock he paid all the unsecured creditors who were dying tn help liiin out of his difficulty. He thought, at the time that his brother had no claim over him. Me knew that, his farm was not worth the amount, of the mortgages on it. The, stock which he sold realised £G'i7 and he had received £179 from a dairy factor.

Mr. Glaister: What did you plead guilty to in Court? Witness: 1 pleaded guilty le anything It bought right. His Honor: \\ hat were the charges to which he pleaded guilty ?

Mr. Sullivan: lie did not account for this money as required by the Ac',. His Honor said it appeared that one charge was of fraudulently failing to account for £4BB. That was a very serious matter.

Mr. Sullivan asked that the case be stood down for a month and in the meantime lie would get all particulars. His Honor adjourned the matter until next bankruptcy sitting, directing Mr. Sullivan to have then a full explanation of the circumstances, with documents, if necessary. Efforts to Arrange Finance.

When I lie summons for adjudication of Norm.-in Honion Pike, of Auckland, land agent (Mr. Hunt) was called, Mr. Hunt sanl his client had uopii engaged in a scries of complicated transactions with a view to satisfying his creditors, and a fortnight ago ho had gone to Australia with a view to arranging finance. It seemed an unfortunate, place to go to for siii h a purpose at present. An adjudication ;it, present could not possibly lienrlil the. petitioning creditor or any other creditor, who would then get nothing. Imt an adjournment might lead to some benefit.

Mr Busier said the petitioning creditor won id not oppose the application for adjournment. lie realised the adjournment might be 111 the best interests of creditors.

His Honor granted an adjournment until September 2b. The application of Leonard Murell Zajonsjowski, formerly of Marton, motor mechanic, and now of Auckland (Mr. Milne), for his discharge from bankruptcy was opposed by the official assignee, Mr. A. W. Walters.

Mr. Milne said the bankrupt was adjudicated in August, 1924, through being involved in an unfortunate partnership. It was not the intention of the Legislature that a man should be kept a bankrupt indefinitely. Bankrupt had no assets and no expectation of future assets other than a contingent legacy from his father valued at from £BOO to £IOOO. 'I hat would not be available unless he survived his mother, who was now 57. Counsel submitted that where a bankrupt had lost everything it wjis not in the interests of the community that ho should remain bankrupt indefinitely. Comment By His Honor.

His IIon)r' Do you contend that the property has passed to the official assignee. Mr. Milne said he did.

11i s Honor said that, meant an argument later on with the, official assignee. He thought, it had better be aigued now. lie instructed the official assignee to obtain counsel to represent him, and adjourned the case until the next bankruptcy sitting. The following were adjudicated bankrupt : E. C. Adams, of Auckland, agent; W. T. Watson, of Onehunga, settler; Archibald Wallace, of Parncll, accountant; Henry John Lyons, of Point Chevalier, builder; J. E. Bradley, of Auckland, storekeeper. The following were granted their discharges Perry George Shirley, of Paeroa, share-milker; John William Manson and Isabella Manson, of Whangarci, caterers; Joseph Skelton, of Rotorua, labourer.