A DEBTOR'S DEFENCE.

Poverty Bay Herald, Volume XLI, Issue 13321, 5 March 1914, Page 4

A DEBTOR'S DEFENCE.

At the Magistrate's Court to-day, John Clark (Mr Nolan) proceeded against J. P. Gordon (Mr Bumard) on a judgment summons m respect of a debt for £142 14s lOd, the claim arising out of a sale of cattle. ' , Mi 1 Burnurd said debtor was carrying on storekeeping at Motu. Durin,-? last year judgment was obtained against him in' Auckland through a mistake on the part of a bailiff serving the summons on the wrong person. The matter appeared m the papers, with the result that creditors pressed hin'i. Common, Shelton and Co. .took possession of the premises, and at- a meeting of ' creditors, debtor was urged not, to file, but to J assign his estate. Counsel understood •Mr Clark consented to that course. Such moneys as were due to debtor were being cbllectod by the trustees, and would go towards paying the debts. The assets would amount to about 2s m the £. Debtor gave evidence that oh December 18, 1913, an assignment of Jiis business was executed. Since then he had been doing clerical work, but his earnings had not averaged 30s a week. His wife had a"boardin'g-liouse ; . but she owed a large amount on her furniture.— To Mr Nolan : He assisted his wife at tho boarding-house, but did not receive any payment. He Was not interested m a farm at Mangapapa. Debtor had raced horses for, years. His Worship: A very unprofitable business, I should think. i . ,-. Debtor :. I know it, your Worship. Debtor*-said he ce"ased to'have an interest m racehorses, m July last. *He had attended one meeting since, but did not do any betting. .'..".. His Worship said he could not make an order on the evidence, and the summons was dismissed.