SUPREME COURT.

New Zealand Times, Volume XXIX, Issue 4240, 22 October 1874, Page 3

SUPREME COURT.

SITTINGS IN DIVORCE. Wednesday, Oct. 21. (Before His Honor Hr. Justice Johnston and a Special Jury.) DUNN V. DCNN. This was an action for judicial separation, on the grounds of cruelty by the husband. Mr. Travel’s appeared for the petitioner, and the Attorney-General and Mr. Moorhouse for the respondent. The following jurv were sworn ; —T. E. Williams, E. W Mills; J. A. Nathan, J. Billing, T. J. Mountain, I). T. Stuart, C. C. Graham, G. Betliam, G. 11. Venuell, A. E. Bowden, L. Eevi, and E. 0. ICreeft, Mr. Travers stated to His Honor that the petitioner’s mother, an important witness in the case, was absent ; but that it was coufidently expected that her attendance would be secured by the following morning, as he had despatched a special messenger for her. He, therefore, asked for an adjournment of the case. The Attorney-General offering no objection, the case was adjourned until 10 o’clock next morning, Mr. Travel’s stating that if the witness was’not then in attendance, he would proceed with the case without her. SITTINGS IN BANKRUPTCY. (Before His Honor Mr. Justice Johnston.) IN EE S. J. TOCKEE. Mr. Quick appeared for both the arranging debtor and the creditors, on an application to have an arrangement deed declared executed. He stated that everything had been arranged very satisfactorily, and all the necessary forms complied with. The deed was declared completely executed IN KE RICHARD HOCKLEY;

Mr. Moorhouse appeared for the insolvent, and Mr. Izard opposed the application on behalf of Messrs. J. and H. Barber, creditors. This was an application .for a final discharge. The report of the trustee, which was very unsatisfactory, was read, , and Mr. Moorhouse then examined the applicant at some length. The result of the examination, and a crossexamination which Mr. Izard ■ afterwards conducted, went to show that the manner in which the insolvent’s business had been conducted was most negligent and grossly reckless. He was an illiterate man, being unable to either read or write, and in starting business as butcher took a partner who used to drink heavily, and in whose charge the books of the business were placed. The partner, whose name was Lay, used, to keep what cash he received, and.the general principle on which the _ business was conducted seemed to he each one for himself, and to keep whatever money came into his hands. There were no terms of partsn, - Jjgi’ship, and the only capital seems to have oeeu provided by the insolvent, and amounted to .£74. They used to get carcass beef from Barber and retail it, Lay having charge of the shop and Hockley hawking with a cart. The witness did not personally know anything about the contents of the books, which after Lay left him—which he did at the expiration of six months from entering on the'husiuess—were kept by witness’s daughter. A Mr. Bigg made up the accounts, and witness could not explain how an item of £286 45., put in as cash for sundries, was made up ; nor did he t , know how an amount of £SOO, put in as cash taken in shop and hawking with the cart, was made up. He kept no account of the beef, &0., he hawked about, but thought the takings averaged 655. a day. He used to pay Barber at the rate of £SO or £6O a month, and get supplied by him with beef at the rate of about £l5O a month. The list of accounts had all been read to him, and were, ha believed, correct. Notwithstanding this statement, the applicant could not account for the circumstance of several names appearing twice in the accounts as assets for different amounts ; and he further admitted that some of those amounts had been paid to him. He attributed his insolvency to loss of meat in bad weather, its increased price latterly, drunkenness of his partner, and sickness in his family. Mr. Moorhouse, in addressing the Court in support of the application, admitted that the case showed gross ignorance and carelessness in business ; in fact, the man was totally unfit to he in business ; but he thought that there was equally as much carelessness ou,the part of the opposing creditor, Barber, who, whilst supplying’insolvent with beef to the extent of £l5O and £l6O a month was only receiving payment at the rate of one-third that amount. Yet he did not take any steps to have the hooks looked after, or to get any security for the goods supplied. .The insolvent, although very ignorant in business matters, could not be accused of any fraudulent intent by his carelessness ; he had a wife and large family to support, and he therefore prayed the Court to grant his immediate discharge, v Mr. Izard opposed, and applied for a suspension of insolvent’s certificate, under the 120th section of the Act, on the grounds of the gross and unjustifiable mode of dealing which had been shown; receiving heavy amounts and giving no statement of how those sums had been disposed of. His Honor said that he was always-disposed to take the charitable view of cases like the one before the Court, and he believed that the 4 -. implications and discrepancies -had arisen Tom ignorance rather than dishonesty. But the roan ought to have exercised more care ; there was not only gross recklessness, but an entire absence of ordinary care. No arrangement had been made on going into business. The men apparently went in together on the principle that each should stick to what he could take. He would not feel justified in granting the immediate discharge of the applicant. Certificate suspended for six months. IN its J. STRATFORD. ' Mr. Izard appeared in support of the application for a certificate, and Mr. Allan opposed on behalf of Mr. G. Thomas. After a short examination of the applicantdescribed as a publican —in which he showed himself totally ignorant of the particulars of the business and the accounts, which it appears that his wife had most control over, he being* generally engaged as a wood carter, Mr. Allan applied for an adjournment in order to have the wife examined. The case was accordingly adjourned until the next sitting of the Court. The Court then adjourned.