SUPREME COURT

Otago Daily Times, Issue 22022, 3 August 1933, Page 2

SUPREME COURT

BANKRUPTCY CASES Mr Justice Kennedy dealt with bankruptcy business at a sitting of the Supreme Court yesterday morning. APPLICATION ADJOURNED. I An application was made by the Dunedin Arcade Company to have Harold Myers adjudicated a bankrupt. Mr R. L. Fairmaid appeared for the petitioning creditor, Warren Boyd, secretary of the company, said that a judgment debt of £44 5s was still owing by Myers. His Honor adjourned the case until this morning to give the petitioning creditor an opportunity of satisfying the court that the petition had been filed within three months. DISCHARGE POSTPONED. Hugh William Allen, for whom Mr G. M. Lloyd appeared, applied for his dis- , charge in bankruptcy. Mr Lloyd said that the official assignee had suggested that the discharge should ■be suspended for some time. The first allegation was one of heavy drinking, and reference was made to the purchase of 20 gallons of ale. It was only fair to state that the purchase had been j made on behalf of other members of the ■ Taieri Mouth community. The second allegation was with respect to the con- j duct of the bankrupt’s business, but counsel suggested that as it had been | carried on by Allen, his wife, and his ; son, it could not have been run more economically. There had been some difficulty in obtaining possession of a truck which had been claimed by the j son, but the bankrupt had given the official assignee every assistance in this respect. The third allegation was with respect to credit obtained from a firm, but the bankrupt had always paid his debts to this firm in the past. Evidence in support of counsel’s statement was given by the bankrupt. His Honor said that in view of the facts mentioned in the official assignee’s report he thought that, notwithstanding the evidence which he had heard, an immediate discharge should not be granted. The application would be adjourned until the next sitting of the court in bankruptcy three months hence. • GREENFIELD FARMERS. j Mr B. J. Anderson appeared in support of applications for the discharge of Alan James Smith and Edwin Smith, of •Greenfield. Counsel said that In the case of Alan there was no opposition to the discharge. In the ease of Edwin Smith it was recommended that discharge be suspended for some time. It appeared that, contrary to instructions from the Public Trustee Edwin Smith felled a considerable quantity of timber on _thc farm which his family owned. He had done so because the stock firm had ceased to make advances. The proceeds were used to carry on the farm and were handled by the official assignee on behalf of the creditors. The bankrupt had been fortunate in obtaining a position with a southern sawmilling company. His Honor: I suppose it was a case of headstrong bad judgment. The official assignee (Mr.J. M. Adam) said that Smith by his action had antagonised'two of the principal creditors. Had he not acted in such a manner he would not have been forced into bankruptcy. A section of his creditors had benefited, but not in tbe way that was desired. He had given every assistance in the realisation of the estate. His Honor said that so far as Alan Smith was concerned an order of discharge would be granted. Edwin Smith appeared to have brought his position upon himself by his bad judgment. There was nothing, however, to warrant a refusal or postponement of discharge. Discharge would be granted. James Smith was also granted his discharge. DISCHARGE GRANTED. John Thomas Jarvis, butcher, was granted his discharge on the motion of Mr F. 0. Dawson.