SUPREME COURT.

Otago Witness, Issue 2179, 28 November 1895, Page 27

SUPREME COURT.

IN BANKRUPTCY. Monday, November 25. (Before his Honor Mr Justice Williams.) | BE ROBERT WINKFIKLD (CATTLE DEALER). Credifcoro' petition for adjudication. Mr Chapman appeared for the petitioning creditors, and the debtor appeared in person and had no defence to offer. Willinm Taylor (town clerk and city treasurer) gave evidence th*t the amount of £58 19s, claimed by the petitioning creditors — the City Corporation — was owing, the judgment for that Bum being still unsatisfied. William Somerville (clerk to the Magistrate's Court) produced the papers in connection with the action Dunedin Corporation v. Winkfield, also the warrant of distress and the bailiff's return of nulla bona. Mr ChapenaD, on these fac.s, asked for an order adjudicating the debtor bankrupt. His Honor granted the order accordingly. RE ALFRED MEADOW COOKE (bOTCHKR). Motion for final ordtr of discharge. Mr Solomon, who appeared for the debtor, flaid the debtor came from England with his wife, the wife having £100, aud with this sum the bankrupt went into business as a butcher at Btlclutha and frittered away th« money. The creditors alsj urged that he had kept no books, bub therj was net that absence of baoks which was sometimes found in connection with much larger busiuesaes. There was also a preferential claim for WAgoi, and the learned counsel suggested that a conditional order should bo made subject to the payment of the claim for wages. The reason of his comiug into court was thab he was bouud by the act to apply even though he had no^ chance of getting a discharge. Perhaps the debtor had not carried on in an ideal way, but there was nothing particularly bid in his conduct. His Honor said there might bo ro difficulty in this particular case, but there was reason against establishing a precedent ; because if an order were made that the discharge was to follow the payment of wages cases might conceivably arise where it would be difficult to say whether the bankrupt was discharged or not. He thought the debtor ought to come to the cou t after he had paid the wages and show that they were paid. Then the court would know how things stood. Mr Solomon said the difficulty was as to bringing the debtor to the court time after time. His Honor said it* might be understood that the attendance of the debtor would not be wanted. Mr Graham, of course, would have to certify that the wages had been paid. Supposing this could< not be done till after vacation, that would not prej jdice the bankrupt, as the time might count against tho petiod of suspension. - Mr Solomon was quits satisfiad co long as his Honor was seized of all the facie with regard to the general merits of the case. His Honor : I suppose there is nothing more to be said than appears in your report. Mr Graham : No. I should file a farther report certifying that this creditor had been satisfied. Case adjourned accordingly, Applications be kopt on the Hat,

j RB ARTHUa CLEMENT ISLIP (FAKMDB, NOW [ COAL MINER). Motion for order of discharge. The bankrupt was not represented by counrel. Mr Graham said there was no desire to oppose the discharge. His Honor : The bankruptcy is for a very small amount, and there is nothing against tho bankrupt, except thab when he went into business he should have kepb some record of his transactions, and he has nob done so. The law seems to require that there should be some 1 temporary suspension, but tbe debtor has been in court for six months. — Suspension for three mouths. RB JAMES WEIR (STOREKEEPER). Motion for order of discharge. Mr Solomon, who appeared for the bankrupt, said that a large proportion of the creditors were merchants in a large way of business — Mr Anderaon for one, Messrs Mackerras and Hsz'ebb among others — and they h*d had the matter brought fcom Invercargill, where debtor filed, bo Dunedin, in order to havo a thorough investigation. There was now no opposition on their part, and the assignee's report did not disclose any misconduct. The books, certainly, were not what they might be, but there was no . concealment. Mr Graham, in answer to the courb, said that the books were those usually kept by men in debtor's wsy*of business^ but they were utterly useless r for the purpose 1 of showing his position. ' There wer« a ledger and a d*y book showing the debts incurred by customers, aud. a cash book, but the latter was very incomplete The complaint of the creditors was not of misconduct, but of, the debtor's folly in selling hia busi-~ ne js and baking a farm. Mr S *lomon remarked thab that might havo been foolish, but it was bona fide. His Honor ordered the discharge to be suspended for six mouths. HE BENJAMIN BKRN (HOTELKFEPER). Motion for oiviec of discharga. Ml 1 Solomon said that although the bankrupt was receiving punk>hmeuj for improper couducr, that might not stand in the way of his gc-tbing hi« discharge. It had been admitted in England thab wholly uucertilicated bankrupts should not be let lose on society. His Honor thought the application had bett er ttind over for the present. Application adjourned. RE DAVID HAUGH (FAllMEIl). Motion for order of discharge. The Hon. J. MacGregor, who appeared in support of the motion for discharge, said that the bankrupt made lo?se3 in farming, haviug met with miafortune. His Honor remarked thab that appeared to be the case, but the debtor should have kept a record of hie transactions. The Hon. J. MacGregor : Very few small f&rint-rs do that. Mr Graham : They do all thoir business through s>gtiDt«, and rely entirely on the statemenb* they get from their ageDts. His Hooor : I suppos •. by law there should be some saorb su»pension. The term of suspension will be three monthi. CIVIL SITTINGS. (Before His Honor Mv Justice Williams.) MATILDA MAUD O'CONNOR V. WILLIAM COLMAR rXNCU. i An fiction for breach of promise of marriage. Mr Mount appealed for tha plaintiff, and Mr Sobmon for the defendant. In this case no dt fence wes filed, and the only matter left for determination was the question of damages. Mr Mouat said this case had been adjourned for the purpojc of enabling the parties to make a settlement. "Unfortunately they had not been able to do this, and consequently the case came on for assessment of damages. The damages depended upon a varitty of reasons, and so he would hiva to give au account of the position of the parties. The plaintiff was a young wimiu of 22 years and single. The defendant was a young man who had been at | work as a blacksmith at Hillside. Three years j ago they became acquainted, and became engaged in March 1894. About the Ist of June of this year the defendant went to Balclufcba, having been appointed train examiner. He was there a couple of months when he wrote to tho girl, who was at work as pantrymaid in the City Hotel, and got her to go to Balrlutha to get married. When there the plaintiff stopped with the defendant and his eisfcer in a house which the defendant had hired and furnished. She etajeil there thieo weeks, and then some difficulty arose as to the marriage. At any rate ahe was put off by being told *h%t his | mother objected, and he succeeded in getting her to return to Danedin. A correspondence followed, and ultimately he broko off the marriage in a lett;r of September 20. On the 18th of October he applied for leave of absence for three dayo from tbe railway service, and wrote telling bhe plaintiff he would see her and try and settle the matter. Instead of -doing thab he went away to Port Molyneux and bid himself. An informAtion was laid under the Destitute Persons Act, and the defendant was arrested and bound over to provide for the maintenance of his child when born. The defendant had a house full of furniture, and the learned counsel believed he was able to get money if he liked. At any rate he was a skilled workman and earned 8s a day. A? cet out in the statement of claim, the girl had beeneeduced, and he (the learned counsel) thought that exemplary damages should be inflicted on the defendant. Mr Solomon said he ha<i since the last adjournment been trying to get the money to make a settlement of the case, and he had just suggested to Mr Mouat, who had accepted the proposition, that judgment should be given for £200 and costs as per scale. Judgment accordingly by consent for £ZOO damages, and coils as per scale. Thia concluded the business.