AN UNDISCHARGED BANKRUPT

Otago Daily Times, Issue 19529, 11 July 1925, Page 7

AN UNDISCHARGED BANKRUPT

ALLEGED BLEACHES OF ACT

MAN COMMITTED FOR TRIAL.

Walter Henry Clement was charged, before Mr 11. W. Bundle, S.M., at the City Police Court yesterday, that, being an undischarged bankrupt, he had, before obtaining his absolute order of discharge, obtained credit from John Darling to the extent of £2O, without informing him that ho'was an undischarged bankrupt.. _ lie was further charged with having obtained £2O from Stanley Reginald Burns; with having obtained £32 from Norman Wood; and £29 9s 7d from Frederick Joseph o‘Neil under similar circumstances.

Mr F. B. Adams appeared for the official assignee, and Mr Moore for accused. Mr Adams said that m the case of Norman Wood accused was charged with incurring a clobt of £2O while ho was an undischarged bankrupt. He was adjudicated bankrupt at Invercargill on September 15, 1923, and no order of discharge had been made. The facts were that Wood was a fellow lodger with accused, and in Juno or July accused had borrowed £32 for three weeks. That money had not been repaid, and Wood had obtained judgment against accused in the Magistrate’s Court for £32, the judgment being by confession. Counsel explained that in the statute the words “or upwards” followed the £2O. Counsel then called Norman Wood, who was not, however, in attendance. Counsel added that O’Neill carried on business ns the British and Electrical Engineering Company, and accused had purchased goods from him to the extent of £3B 6s Id, and had made payments against that amount reducing it to £22 10s 4d. At an earlier date, however, the balance was higher. In July it was £29 9s 7ci Mr Moore said the first prices they had had were those in the account received that morning. It consisted of a great number of items, though many of them were disputed, and that would practically mean a civil action. Mr Adams said the case ho was now proposing to proceed with was freer from difficulties than some of the others. If his friend showed the account wms erroneous the case would not bo proceeded with in the Supreme Court. _ Mr Moore said accused informed him that the account never stood at £2O. If it were shown that the account w-as wrong by £9 9s fid there was no offence disclosed. 'Frederick Joseph O’Neill, electrical engineer, stated that on March 6 the accused called to see him, and wanted him to make arrangements about the supply of goods. The accused said lie bad contracts to the value of about £IOOO, and asked witness for a “cut” price for quantity. The accused said bo was quite prepared to “talk cash in, the matter, and would pay for the material as ho got it. The accused gave an order, whioh witness handed to the shopman to got out. The accused promised to pay for the goods during the day. Later on the accused rang witness up, and said that if ho allowed the goods to be taken awnv by an expressman he would pay for them in the afternoon. That promise was not kept. Witness met the accused one morning after the summons was issued The accused asked witness if no would guarantee not to appear against him if the account was paid. lie also asked witness if ho would give evidence that ho did not owe witness anything. On another occasion the accused stated that ho "ould be getting a payment on his account in a day or two, but ho added that if w-itness was going to make a “noise ho would get nothing. The accused had never tod witness that ho was an undischarged bankrUA«used pleaded not guilty, and was committed to the Supreme Court for trial.

THE SECOND CHARGE. Tho case in ■which it was alleged that aroused had obtained money from Norman Wood was then taken. Norman Wood, builder, stated that the accused had boarded with witness for about five or six months in 1924. iho accused borrowed £2O from witness on July 1 and £l2 on July 2. He stated that ho wanted tho money to assist to pay for a mol or car so as to 'build up his business. \\ itn«3s did not know till some time afterwards that the accused was an undischarged bankrupt. Witness understood that the accused was carrying’ on business under tho name of “Commercial Motors.’ Witness was offered the car as security, but as tho accused had promised to repay the money in three woolcs witness though it would bo all right. .... George M'lndoo, clerk of tho Magistrate s Court, produced records to show that Norman Wood had obtained, judgment against the accused for £32, with costs, on confession. Accused pleaded not guilty, and was committed for trial. THE THIRD CHARGE. On tho next charge being proceeded with John Darling said he wont to see accused about tho sale of a car, and Clement told him tho car had gone that morning. Ho told accused that he had had an accident to his car and would soil it cheap. Accused said tho car might suit him, and next day wont with witness to see tho car. Witness had no place to keen the car, and said ho would sell it for £2O. A ecu sod agreed to this, and said he was soiling a car to Latin., of Owako, and that when ho got the money ho would pay for tho oar ho had just purchased. Accused took tho car away with him. Witness did not know when he sold tho car that accused was an undischarged bankrupt. Ho had received no money from Clement in respect of the sale. Louis Holden, retired piano merchant, stated that ho owned a property in Stuart street jointly with Mr and Mrs Stenhouso. Witness rented a garage to the accused, who stated that he was going to trade ns “Commercial Witness hired five cars to the accused. The accused informed witness that Mrs Fonn. of Invercargill, was likely to take up shares in the company and that she had £3OOO worth of deeds which she proposed to use in connection with tho business. Accused, who pleaded not guilty, was committed for trial. THE FOURTH CASE. Stanley Reginald Bums, on tho fourth case being called on, said ho was a tailor carrying on business in Dunedin. He first came into contact with accused about January 12, when Clement agreed to put a ear in condition and sell it to witness. On January 20 witness mad© a payment of £2O to accused as a deposit on the purchase of the car. On January 25 witness raid accused a further deposit of £ls. Witness on that, occasion got a written guarantee from accused. Ho (witness) had newer received the car, and had put tho matter in the hands of a solicitor. Ho had seen accused about it several times. Accused had made a payment of £l towards tho monov in March. Witness did not know that Clement was an undischarged bankrupt. Accused pleaded not guilty and was committed for trial, bail being in tho last charge, himself in £IOO and one surety for £IOO or two of £SO. In tho other cases bail was allowed in accused’s own recognisance of £IOO.