DISCHARGE DEFERRED

Stratford Evening Post, Issue 99, 8 December 1928, Page 5

DISCHARGE DEFERRED

A STRATFORD BANKRUPT. Discharge from bankruptcy was applied for at the Supreme Court at New Plymouth yesterday by Mr A. Coleman ,on behalf of P, A., Malmanche. The circumstances of the, case were traversed fully, Mr N, H. Moss opposing the granting of discharge-. His Honour, Air Justice Smith, decided to make no order, saying that bankrupt could apply again later. On behalf of bankrupt, Alt Coleman said bis client was one of the victims of the deflation! of land values in Taranaki. He had • not been reckless and was purely a victim of circumstances. Ho could not he expected to clear himself and delay would serve no useful purpose. Apart from at debt of £IS43 owing to his mother the biggest debt was the result of a court case he had lost. At present Airs Malmanche had leased a piece of laud and had obtained cows on credit from a stock firm., Counsel said he had no knowledge that either Alalxnanche or his wife was dealing extensively in cattle. Air Afoss said bankrupt had employed Loveday, a legal infant, and had sold him a motor-car on which £35 was paid out of the employee s wages. The car was not satisfactoiy and Loveday sued Malmanche under the Truck Act and obtained judgment. Counsel would support the Deputy Official Assignee in his objection and make discharge contingent on a judgment being entered for £SO at least. Malmanche was 0116 °f le shearers in New Zealand and it was strange he should not have, work. Mr Coleman characterised Mr Moss’ statements as “all heresay and mostly suggestion.” He pointed out that not only had Loveday .sued for his wages, £35, hut asked to retain possession of the car. Loveday had been 20 years old. Alalmanche, in evidence, said Ins mother’s money was used partly to purchase land and stock. He himself lost £lsf>o of Ms savings in the venture. He had a decayed bone m his leg, hut hrfd not got the money to go" into hospital. Some days M could work but not on others.