JOHN CRISP, SOLICITOR

New Zealand Times, Volume XXXVIII, Issue 8683, 17 March 1914, Page 7

JOHN CRISP, SOLICITOR

AN ACT OF BANKRUPTCY,

Press Association. DUNEDIN, March 16. One of the many incidents in the recent career of John Crisp, late of Palmerston, solicitor, was narrated to Mr Justice Sim this morning on an application I to have Crisp adjudicated a bankrupt. Mr Bedford appeared for the petiturner, Agnes Jane Lunan, Of Palmerston, a widow. He said that on August ,24th Mrs Lunan gave .Crisp £4OO for investment and .received from him receipt* indicating that the money was to )i8 invested: on the mortgage of a property belonging to a maiii named Diack." About .six months afterwards Mrs Lunan.,.applied to Crisp for the deed's of. mortgage, and he told her that they wore, in the Deeds Office at Dunedin, and that she would receive them .in. duo ..time. Searjoh being subsequently.,.made,,.it was found that no such deed of mortgage was ever prepared- Mrs Liman had- no security at all. She mid made application for payment to Crisp, and through her solicitor, and had received nothing. In the meantime Crisp left his usual place of_ business and his abode at Palmerston, and no trace of him could be found. Sc left about February 2Sth, and since then had not been Seen about Palmerston. / Mrs Lunan askedi that Crisp be adjudicated a bankrupt. He had committed an act of bankruptcy .under section 26,' subsection (d) of the Act, which declares to be all act of bankruptcy if any person “With, intent to defeat or delay his creditors, he departs or attempts to depart, dr is about to depart out of New Zealand, or, being out of New Zealand, remains out of New Zealand, or departs from his dwellinghonse, or otherwise absents himself, or keeps to his house.” Mr Bedford .added.: “I take it, Your Honour, that you will require oral evidence and Willi not dispense with it under rule 109. The affidavits are very full, but if you require oral evidence I am prepared to call it.” His Honour: “What,is the rule about giving notice that he intends to dispute?” Mr Bedford: “Rule 105. There is no notice under that rule.” His Honour: “The affidavits call,.it a Writ- of summons, but it ; is not a writ of, summons. However, the debtor has not served notice under rule 105. It is clear that what was served Was a copy of the summons issued in bankruptcy, I think it is sufficient that the debtor has not served notice under rule 105. I take it ths* allegations are proved by f the affidavits, Adjudication will he made.” ...