NO MONEY HANDLED

Waikato Times, Volume 117, Issue 19514, 1 March 1935, Page 8

NO MONEY HANDLED

BANKRUPT FARMER.

OPPOSITION TO DISCHARGE. Conduct niot disapproved. Opposition to the discharge from bankruptcy of Frederick Freeman Rogers, sharemilker, of 'Kio Kio, on the grounds of an alleged attempt to defeat his creditors of their legitimate claim was advanced in the Supreme Court, Hamilton, to-day by Mr H. J. McMullin, instructed by Mr M. H. Hampson, for the Overana Land Company. Mr N. S. Johnson, for bankrupt, said his client was the usual type of unsuccessful farmer due to economic conditions. The only grounds of objection to the discharge seemed to be that some six years ago bankrupt vacated a property he had leased. . Mr McMullin said Rogers owed a considerable sum for rent and while negotiations with the landlord were proceeding bankrupt removed his slock, thus defeating the landlord of his claim for rent. Bankrupt, in evidence, said in 1928 he was lessee of a property owned by Overana Land Company. There was a bill of sale over his stock to the Farmers’ Auctioneering Company. As he could not carry on he vacated the property and moved his stock under instructions of the auctioneering company. To Mr McMullin, bankrupt stated that the Land Company did not proceed against him for arrears of rent until January, 1934. He had handled no money, the auctioneering company having allowed him £4 a week on which to live. The amount of the debt tc the Land Company was about £75. His Honour considered sufficient grounds for refusing the discharge had not been shown. It appeared that bankrupt had had a struggle and all his financial affairs had been handled by the Auctioneering Company who had first charge on the stock. It had not been shown that the stock was removed in order to avoid distraint. The discharge was granted. BANKRUPT SEVEN YEARS. “I observe that applicant has been bankrupt for nearly seven years," observed Mr Justice Fair in the Supreme Court, • Hamilton, this morning when Tom Gwillam, carrier, of Morrinsville, applied for his discharge from bankruptcy through his counsel, Mr N. S. Johnson. The Official Assignee, Mr V. R. Crowhurst, said an opportunity to oppose the discharge had been given the creditors but they had not availed themselves of it. Mr Johnson said there was no suggestion of moral turpitude on the part of the bankrupt. He was one of about 35 signatories to a joint and several guarantee at Morrinsville some years ago. At least four of the guarantors had been through the Bankruptcy Court and no opposition to their discharge had been offered. Bankrupt had been made adjudicated on the petition of a creditor and had not sought the protection of the Court. His Honour granted the discharge. DEBTS INCURRED BY WIFE. In the case of Donald Cecil Bertrand Sutherland, motor engineer, of Te Aroha, it was stated by his counsel, Mr 11. C. M. Noryis, that debts totalled £227 of which £SO were incurred by his wife after they had separated. His Honour, observing that bankrupt was liable for his wife’s debts, granted the discharge. DISCHARGES GRANTED. The following were granted unconditional discharges from bankruptcy:— Albert Edward Bragg, builder, Rotorua; Tom Gwillam, carrier, Morrinsville; Frank Thompson Irvine, farmer, Puketaha; John Martin Bishara, garage proprietor, Taumarunui; Clement Tattersall, saddler, Rotorua; John Southwood Hadwin, builder, Te Kuiti; William James Appelbe, contractor, Hamilton; Albert Edward Jameson, farmer, Te Poi; Valentine Busby Forbes, contractor, Matamata; James Frederick Prince, builder, Te Awamutu.

The discharge of John Batters, labourer, of Matamata, was conditional on bankrupt consenting to judgment for £4B.