BANKRUPTCY COURT.

New Zealand Mail, Issue 1190, 21 December 1894, Page 31

BANKRUPTCY COURT.

APPLICATIONS FOR DISCHARGE.

Mr Justice Richmond sat in bankruptcy jurisdiction on Monday morning to hear and determine applications' from 13 bankrupts, for orders of discharge. - * ” ’ < Re John Holmes (the application had been previously-heard), His Honor said""he had come to the conclusion that an unqualified discharge must be granted. He was satisfied that what was done in handing over bills to the New Zealand Fibre Company was done bona fide, in other words that jt was done with the honest intention of giving the Fibre Company what was believed to be its due. It was quite true that the bills handed over had not been given solely for fibre sold to the makers of the P.N.’s, but were for balances due upon account current. That transaction might have been irregular, but having come to the conclusion that the thing was done in the honest belief that the consignors were entitled to preference, he would not refuse the- bankrupt’s discharge. Order made accordingly. Re A. J. Kirk, lately storekeeper, Hawera. —The Assignee said that Mr Whittaker (bookseller), who took a great interest in this man,'and had been exceedingly kind to him, assured him (the Assignee) the man had become reformed in mind and had formed good resolutions. Seeing that Kirk had already undergone one penalty, the Court might think that sufficient and not enforce a further penalty. His Honor (addressing the bankrupt) said that although he had undergone a sentence, yet for the Court to grant an immediate discharge would be tantamount to saying the Court regarded him as a person deserving of commercial credit, and j that he had purged himself, of previous laches by undergoing’ a sentence, Ho was*

very doubtful about that. The case was very much like the next one on the list (Anderson’s) and he would have to consider the general principle in both. If the discharge were suspended it would not prevent the debtor getting his livelihood, but it would prevent him from going into trade on his own account. Case postponed till the 19th inst.

* ! lie Geo. Anderson, lately storekeeper at Masterton. The bankrupt did not appear. The Official Assignee explained that the man some time since intimated that he was going up to the Wairarapa in search of work.

His Honor remarked that this appeared to be really a worse case than Kirk’s. The Official Assignee thought it was. Kirk acted upon a sudden impulse, but Anderson’s was a deliberately planned scheme.

His Honor said he would take time to consider the case. Adjourned till the 19th instant.

Re Henry William Potter, architect. Mr Tripp appeared for the bankrupt. Mr Denton opposed the discharge in person. In answer to His Honor, the bankrupt said he had been before the Court once before —seven or eight years ago. He was a married man, and was doing nothing at present; he was living with some friends. He had had three patents, but they lapsed for want of fees. Mr Denton said that one of these patents the bankrupt seemed to regard as a regular goldmine, but he (Denton) did hot think there was much in it.

' His Honor said he would not grant an unconditional discharge seeing that there had been no assets in the estate. The

bankrupt would receive his discharge upon confessing judgment for .£SO, which would be equivalent if paid to a dividend of from 5s to 6s 8d in the pound. Re Frankland Valentine, commission agent, and lately a canvasser. —In answer to questions, the bankrupt said he had once before been insolvent—-14 years ago. His estate then would» have paid a dividend only the trustee made away with it. After putting some questions to the bankrupt, Ilis Honor said the discharge would be conditional upon judgment being confessed for £4O to the Assignee, the amount to be paid whenever the debtor had the means of doing so. Re George Gapes, painter.—Mr Haselden appeared on behalf of Robert Martin and Dwan Bros, to oppose the discharge; Mr Travers appeared for Mrs Rose Ann Harding, but subsequently retired, his client not having proved. Mr Wilford appeared for the bankrupt. The bankrupt was examined by Mr Haselden. ' J

Mr Haselden explained that the reason of Mr Martin’s opposition was that the bankrupt obtained £56 worth of material from him for the execution of the two contracts shortly before he filed.

, The bankrupt said he did not get “ settled up ” in respect of the Foxton job until the.beginning of March, and he filed in April.

Robert Martin (creditor for £79) and Thos. B. Dwan (creditor for £39) also gave evidence.

His Honour did .not think any specific false representation had been made out. The man had acted as far as he could see quite fairly, and as he appeareed to be an

able workman, in future he might be able to pay something towards liquidating the claims against him. The order would be granted upon the bankrupt confessing judgment for <£so. Be George Rex, compositor. There was no opposition.

His Honor did not think there was any use in making an order in the case of a wages man like this, who had a wife and four children dependent upon him. Discharge granted. Re Martin Thomas Everton, grocer. Mr A. Gray appeared for the bankrupt. The Assignee explained that the bankrupt never took stock, never made out a balance and ran through from £7OO to £BOO in 18 months. There were some irregularities in the accounts, but nothing amounting to a misrepresentation. His Honor said the bookkeeping was about up to the average. He granted the order of discharge. Re Mrs Emma Maule, storekeeper. The debtor (a young woman) in her statement showed that she had been struggling along with a small grocery business. In answer to the Assignee, the debtor said she had gone out to dances, shutting up her shop while she was away. His Honor agreed that the case was not one for an immediate discharge, and therefore adjourned the application till February 18.' j Re Win. Albert Turner, boiler-maker. In this case it was explained that the liabilities were in respect of bonds to loan companies which the debtor had guaranteed for his brother. The brother absconded, and the debtor, being unable to meet the liabilities, then filed.

His Honor thought the case needed further enquiry, and therefore adjourned it till next sitting (February 18). Re John MeSherry, messenger. Mr Poynton appeared for the bankrupt. There being no opposition, the discharge was granted. Re Chas. Bearman,'labourer. This case had been adjourned to enable the bankrupt to decide whether he would accept a-discharge conditional upon confessing judgment for £3O. The bankrupt now said he could not agree to that. The Assignee said he was willing to accept judgment for the reduced sum of £2O, and an order was made accordingly. ADJOURNED. As the affidavits required in the cases of John Tasker, artist, and Walter Walsh, carrier, had not been filed, the applications of these, bankrupts were adjourned until the February sitting. By Telegraph.—Press Association. Dunedin, December 17. To-day Justice Williams suspended for three years the order of discharge of Chas. Edward Leith, timber merchant; and that of Noah Hardwick for six months.