BANKRUPTCIES

New Zealand Times, Volume XXXVIII, Issue 8748, 2 June 1914, Page 9

BANKRUPTCIES

MOTIONS FOR DISCHARGE,

A sitting of the Bankruptcy Court was 7 held before His Honour Mr Jus-, tice Hosking yesterday morning, v Mr J. W. Macdonald appeared as solicitor for the Official Assignee, and Mr C. Zachariah represented the office in the absence of the Assignee through illness. 1

No opposition was offered to the application for discharge of Oscar Johnson, restaurant keeper, of Wellington. His Honour remarked that, all the wages claims'had boon paid, and granted the discharge. Mr I’. Levi appeared in support of.thb application/

WORKING PARTNER'S DIFFI-

OULTY.

In the case of Samuel Richard lliddler (partner of Henry Firth), car-, penter, of Petone, for whom Mr Levi appeared, Mr Macdonald said .that no opposition would bo offered by tho Assignee to the discharge if it were made conditional" upoh al dividend of, 5s in the £ being paid. 1 “They seem to have acted in a very unbusinesslike way,” commented His Honour, on examining the papers. Tho man who looked after, the financial part, he added, was the man who put nothing into the; business. Mr Levi explained , that Riddler seemed to have been purely a working man, who did the actual work of tho business.

In reply to His Honour, Mr Macdonald said that a of 5s in the £ would amount to £l7l on tho proved debts. " His Honour; “The statement shows the liabilities to be £905, and the assets nil. Is Riddler nothing more than a working carpenter?” Mr Levi: “That is so. Your Honour.” His Honour: “It is a very mg sun. to saddle him with.” Mr Levi said he did not know whether the amount would ever he realised. Some,of the creditors had got in with a lion and were paid 6s lOd in the £, leaving nothing for the creditors who were not protected. His Honour said ho did not feel disposed to make a large order like this On a working man who could only get the amount together by his wages. “What about the financier?” he asked. Mr Levi: “He is not applying for his discharge.” Mr Macdonald added that this man kept out of tho way. Mr Levi said they had the greatest difficulty in getting him to come to the meetings. He was made hanknipt on the creditors’ petition, and they could not get him to do any thing. Riddler. did what he could—which was not much.

At this stage Mr Macdonald intimated that the Official Assignee would withdraw the condition relative to a dividend of os in the £. It appeared that the request was made by the petitioning creditors' solicitor that the condition should be put before the Court for His Honour's opinion. “In the case of the financier it might be different,’’ said His Honour. “Riddler ■ is a young man. and does not himself seem to have been responsible for the bankruptcy. He has done his work; the other man has not.

I will make a discharge as to Riddlcr.” ■

Judgment was entered accordingly,

PROCEEDINGS SUSPENDED

With regard to the case of Thomas Hastie, of Johnsonvillo, farmer, Mr 'Macdonald asked that the applica. tion for discharge be held over "for three months. , There seemed, he said, to, he no appearance of the bankrupt at all. The bankruptcy was dated March 20th. • The assets were given as £II,OOO and the liabilities £9OOO, and it was supposed there would be a surplus of £2OOO, but it was largely a matter of conjecture. The bankrupt mortgaged properties he had taken over. Owing to the illness of the Official Assignee there had not been time to ascertain the'position of the bankruptcy, and it would be inadvisable to make a discharge at this stage. His Honour: “Yes. it is a big estate.” ■' ■" The present application for discharge was dismissed. 'The next sitting of the Bankruptcy Court will be held on Monday, August 31st, at 10 a.m.