SUPREME COURT.

Otago Witness, Issue 2905, 17 November 1909, Page 34

SUPREME COURT.

CIVIL SITTING. j Wednesday, November 10. (Before his Honor Mr Justice Williams.) i MACDONALD V. YOUKG. I Writ issued by Daniel Douglas Macdonald ' against James Young, late hotel-keeper, at . Port Chalmers', now of Timaru. for the 1 recovery of £144 1b 9d, incurred in connec- ' nion with legal advice and legal eervjees rendered during 1908 and 1909. j Mr W. L. Moore appeared for plaintiff, and said that no defence had T>een filed, ilf his Honor thought it necessary to go j into the case, the question arose whether a solicitor had the right to sue on a bill of costs and have judgment entered up by default. The registrar had considered it necessary to prove the case before going into it, but he (Mr Moore) would like to get his Honor's opinion on the subject. His Honor said he did not know that there was -any reason why judgment should not be entered up by default, but it should be stated in the statement of claim ! that the preliminaiies had been complied with. There was, a very general allegation. There were, several bills of costs, and ' he thought the date of each bill should j have been stated. If /that had been done ; he did not exactly see why judgment by ! default should not be given. As to taxation before the action was taken, he saw i ' no reason why that was necessary. | | Evidence was given by Alexander George Christopher, ' law clerk. ' I Mr Moore said defendant was entitled to ' credit for £36 15s for payments made. ! His Jlonor pave pudgment for plaintiff for £107 6s 9d. IN BANKRUPCTY. MOTIONS FOB DISCHABGB. John Gait, of Mataura, storekeeper, moved that his discharge be granted, the \ motion bein<r supported by Mr Brugh. Mr W. S. Fisher Official Assignee, said the creditors took up no particular attitude at all.- * Hi-5 Honor (perusing the papers) : You toy bankrupt 6hould have faced the posii tion, as he must have known he was hopelessly ipsolvent. i The Assignee: He should have done so. His affairs were in such a hopeless state ' that he? 3hould have gone bankrupt some months before he did. j Mr Brugh said bankrupt thought by forming a new company and getting ihat 1 amount in cash— £7oo. or £300— he would 1 have been able to meet his creditors. It ' was with the object of paying his ; credit tors that he had held off -filing. His Honor: I think it is a case, in the absence of opposition, by. the creditors, where there is no particular reason for sus- ' pending the order of discharge. An order of discharge will be' made. I - Louis Morris, by hig solicitor (Mr W. L.' Moore), applied for his discharge. j His Honor: He was tried for something, was he not? " Mr Moore: Yes, your Honor. His Honor: And he has* purged, hie offence. To the Assignee: Do you suggest that supension, in addition, is necessary. The Assignee : No, your Honor. Hie Honor : I think what he has suffered is sufficient, without suspension. Order of discharge made. John J&sob Eckhoff, of Dunedin, moved for his discharge, Mr Irwin appearing in his behalf. I The Assignee : I understand this case is to stand over until bankrupt can make 1 some offer tojiis creditors. His Honor: Just so. William Stuart, for whom Mr W. 1.. Moore appeared, applied for his order of discharge. His Honor, looking through the papers: Yes, it seems a case of misfortune. The Assignee: Yes, your Honor; purely. Order of discharge made. George Esther, of Dunedin, financial agent, moved for an order of discharge, , and was represented by Mr Wm. C. Mac- . Gresror, who «aid the assignee had Sled a report, if his Honor would look over it. . ' His H,onor: I see the family had the greatest reason to complain. , Mr MacGrescor: That is so. Until he. , gets his discharge he cannot be in a position to do what he intends — that is. to pay < ail his creditors. An order of discharge . will not interfere with the realisation of ; the estate. The creditors have twice ' passed a resolution recommending him for 1 discharge, and I take it the report is not 1 unfavourable. He proposes to resume . | business if he gets his discharge. If he , does not pet it he cannot carry on. His ; intention is, if he is successful, to pay ( everyone in lull if it is at all possible •; in the future. 1^ was not his wish to go : bankrupt. "He would have gone on and done his best, but he was forced into this position. He has been in business in this town for some 50 years, and had no desire to end his career as a bankrupt. Probably if he had been let alone Ir> . would have paid everyone 20s in the pound [ ' with the exception of his family, which stood aside. He had" had some heavy losses. The windinjr-up of the Commercial • cial and Property Company crippled hiir. | The Aisiernee, in reoly to his .^Jono*. ."^aid that made it difficult for bankrupt 1 to carry on, but he thought he was hoooI lftvslv insolvent. It brought matters to a ; j crisis. I His Honor: You 6a-y the books were 1 well kept? i The Assignee: Yes. your Honor. His Honor said this was one of those cases where one. must give very considerj able weight to the opinion of the body of -the creditors. They seemed to have j come to a conclusion in favour of bankI rupt. and. on two occasions had recommended him for discharge. So far as bis Honor could _ see, the persons who had most to complain of were the members of bankrupt's family. They seemed to £&and aside altogether, and certainly raised no objection and made no comnlaint. He (his Honor) confessed that although there were matters in the report not altogether satisfactory, no good object could be served by- suspending the discharge. If he were to suspend the discharge for a short time it would rather lessen the chances of the creditors getting anything than otherwise. Looking at the whole circumstances, and bearing in mind the fact that bankrupt was a man of very advanced age, he did not^see any good reason for not setting him fr«». An order would be- made. His Honor fixed the next bankruptcy sitting for February 3. i